1. - This appeal has been filed by the accused-appellant against the judgment and order dated 3.12.1999 passed by the learned Sessions Judge, Karauli in Sessions Case No. 20/99 by which he convicted the accused-appellant for the offence u/s. 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo six months SI

2. It may be stated here that by the same judgment and order, the learned Sessions Judge acquitted the accused-appellant the offence u/ss. 302/34 and 323 IPC. The learned Sessions Judge also acquitted the accused-Pintu for the offence u/ss. 302, 302/34 IPC, but convicted him for the offence u/s. 323 IPC, but for that offence, he was released on probation. The learned Sessions Judge also acquitted the accused-Kishan @ Kishanlal of all the charges framed against him i.e. for the offence u/ss. 302, 302/34 & 323 IPC.

3. It arises in the following circumstances :

On 1.7.1998 at about 4.00 a.m. in the morning, PW-10 Murari lodged a written report Ex.P/10 with the police station Sapotara District Karauli before PW-11 Lekhraj Singh, who was at that time SHO of that Police Station stating inter