1. - Heard learned counsel for the parties.

2. This appeal has been preferred to challenge the judgment and order dated 24.7.2002 passed by learned Additional Sessions Judge, Nathdwara in Sessions Case No.3/2002 by which the learned trial court convicted appellant Rupa s/o Kanna b/c Gameti r/o Balaliya-Jhalo Ki Madar, PS Khamnor, District Rajsamand under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life with a fine of Rs.200/- and in default of payment of fine to undergo 2 months' simple imprisonment.

3. Brief facts of the case are that one Rama s/o Wala Bhil r/o Negdiya - PW11 submitted a written report Ex.P/7 on 25.6.2001 at Police Station Khamnor stating therein that his son Raju, who was unemployed and was doing no work, was scolded by him, then since last 2-3 days, he has not returned to the house. On enquiring, he came to know that on 24.6.2001, Raju was wandering near the Bus Stand and took a bicycle on rent. The complainant came to know that his son's dead body is lying near the road at Jhalon Ki Madar - Rebariyon Ki Dhani. The complainant went on spot and found that his son was lying dead with injury on head of his son Raju and blood was oo