1.

2. Mr. Dalip Singh, J. - This appeal has been preferred by the accused appellant Mohsin @ Munna @ Mushtar @ Mushtaq son of Ahmed Hussain @ Mohammad Hussain who was convicted by the learned Sessions Judge, Tonk in Sessions Case No.63/1998 vide judgment dated 25.01.2001 for the offence under Section 302 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/- and for the offence under Section 302 read with Section 120-B I.P.C. wherein also he was sentenced to undergo life imprisonment and to pay a fine of Rs.1,000/-; in default of payment of fine to undergo further two months imprisonment. The accused appellant was, however, acquitted by the learned trial court of the offence under Section 177 I.P.C.

2. We have heard learned counsel for the accused appellant and the learned Public Prosecutor for the State and perused the record.

3. The facts, in brief, are that an FIR (Exhibit P-67) came to be registered on 23.07.1998 on the basis of a written report (Exhibit P-1) made by Matin Aadil (PW-1) at Police Station Kotwali, Tonk wherein it was stated that in the morning at about 7:30 AM his brother Javed (deceased) had proceeded to the worksite where the c