1. - This criminal appeal u/s. 374 Cr.P.C. arises out of the judgment and order dated 23.9.1999 passed by the Additional Sessions Judge No. 4, Kota, whereby the learned Additional Sessions Judge held the accused-appellant guilty of having committed murder of Yogendra and accordingly convicted him for offence u/s. 302 IPC and sentenced him to life imprisonment with a fine of Rs. 1,000/-, in default thereof, to further undergo 2 months' rigorous imprisonment.

2. As per the prosecution case, on 12.9.1996 at 2.30 p.m., PW-2 Chotu Lal lodged a written report, Ex.D/2 at Police Station Bheemganj Mandi, District Kota, alleging therein that on 12.9.1996 at about 12.00-1.00 p.m. his son Yogendra was consuming Kachori at the shop of Mohan Kachori-wala. Accused- Diwas brother of Vikash collected `RAPT' of Hajari Chamar and pierced it in the stomach and leg of his son, as a result thereof, his son died in the hospital. Lastly, the complainant alleged that the incident was witnessed by PW-1 Ramgopal.

3. On the basis of above written report, police registered a criminal case vide FIR, Ex.P/14 for offence u/s. 302 IPC and proceeded with the investigation.

4. In the course of investigation, the police prepared inquest report, Ex.P/1 and the site plan Ex.P/3. The police seized the blood stained clothes of the deceased and a blood stained piece of stone, upon which the deceased fell down after sustaining injuries vide seizure memos Ex.P/2 and P/4, respectively.

5. PW-1 1 Dr. J.S. Visnar examined the injured for his injuries on 12.9.1996 at 1.30 p.m. and prepared Injury Report, Ex.P/9 and found injuries on stomach and leg caused by sharp weapon.

6. PW-8 Dr. Rakesh Sharma, Medical Jurist conducted autopsy on the dead body and prepared the post-mortem report Ex.P/6. As per the post-mortem report, the doctor found following injuries :

1. Stab wound 1 3/4" x 1 1/2" x CD on the right flank of abdomen, upper part vertically and

2. Incised wound 4" x 1/4" x ⅛ on the medial aspect of right knee extending to right thigh oblique.

7. In the opinion of doctor, the cause of death was shock as a result of injury to mesentary.

8. The police arrested the accused-appellant vide memo Ex.P/11. The accused furnished information (Ex.P/12) u/s. 27 of the Evidence Act as regards recovery of RAPT. Pursuant to this information, the police recovered RAPI vide memo Ex.P/7 at the instance of accused, which was kept concealed behind an old godown. The FSL report, Ex.P/13 indicates the presence of AB group blood on the pent-and shirt of the deceased, the stone recovered from the place of incident and the RAPI.

9. Having completed entire formalities, the police submitted a charge- sheet against the accused-appellant in the Court of Additional Chief Judicial Magistrate No. 2, Kota. The learned Magistrate having found the offence exclusively triable by the Court of Sessions, committed the case to the learned of Sessions.

10. On the basis of evidence and material collected during investigation and placed before it and after hearing arguments of counsel for the parties, the learned trial Court framed charge against the accused-appellant u/s. 302 IPC. The accused denied the charge and claimed to be tried.

11. The prosecution, in order to prove its case, examined as many as 17 witnesses and got exhibited some document. After the prosecution evidence was over, the accused was examined u/s. 313 Cr.P.C. However, the accused did not examine any witness in his defence.

12. At the conclusion of trial, the learned Additional Sessions Judge found the charge duly established beyond reasonable doubt against the appellant and accordingly convicted and sentenced him in the manner stated hereinabove.

13. Feeling aggrieved by the conviction, the accused-appellant has filed this present appeal.

14. We have heard learned counsel for the accused-appellant and the learned Public Prosecutor and carefully gone through the impugned judgment and the evidence on record.

15. In assailing the conviction, Mr. Gupta