1. - By the judgment dated 06.06.2006, learned Additional Sessions Judge No.2, Bhilwara Camp Shahpura convicted the accused appellant for the offence punishable under Section 302 and and sentenced to undergo imprisonment for life term. The trial court also convicted the accused appellant for commission of offences punishable under Section 323 & 336 IPC and awarded sentence as under:-

(i) Section 323 IPC - Six months simple imprisonment with fine of Rs. 100/- and further to undergo one month simple imprisonment in default of payment of fine.

(ii) Section 336 IPC - Three months simple imprisonment with fine of Rs. 100/- and further to undergo one month simple imprisonment in event of default in making payment of fine.

2. Briefly stated, facts of the case are that on 04.01.04, at about 10:15 AM, a report was lodged by Nasir Ali at Police Station Jahajpur with the assertion that at about 9 AM on the same day, when he was standing at his plot for getting certain constructino work done, accused Khursheed Ali, his wife Khatoona, son Mashooq ali and one Nazir Ali came at the spot and tried to stop the construction work. As per the averments contained in the report (Ex.P/9), these per