1. - Assailed in this appeal is appellant's conviction and sentence awarded of life imprisonment for the offence of Section 302 Indian Penal Code.

2. Events leading to appellant's prosecution allegedly are that on 20.8.2002, at about 5.00 P.M., Kishna Ram PW-5 presented a written report Ex.P-6 at Government Hospital, Nimbi Jodha to head constable chowki, Nimbi Jodha, Police Station, Ladnu, informing that dhanis (residential hut like at agriculture fields) of sons Kana Ram and Bhanwar Lal are neighbours - both brothers quarreled for dispute regarding boundary of agriculture field and Kanaram S/o. Aashuram inflicted blow of axe at head of Bhanwara S/o Aasu Ram - Bhanwara, bleeding from head has become unconscious who brought and admitted in hospital, is not speaking. Head constable chowki, making on endorsement on this, presenting requisition inquired from Medical Officer, giving letter Ex.P-11 about fitness of Bhanwara Ram to give statement. Medical Officer describing c5f scalp wound and brain material coming and injured not responding to light, stating conditions to be very very poor, referred, writing treatment slip Ex.P-10 to higher center.

3. Above report was presented by head constable at Police Station and the then incharge ASI PW-15 registered F.I.R. No. 173/2002 Ex.P-20 for the offences of Sections 307, 323 and 447 Indian Penal Code. Bhanwara Ram succumbed to injuries.

4. SHO PW-1 commencing investigation on 21.8.2002 morning (i) examined dead body which was at Government Hospital and prepared memos Exs. PI and P8, (ii) seized clothes, shirt baniyan and pants of deceased, preparing memo Ex.P-2 and packet marked A, (iii) visiting place of occurrence at agriculture field, prepared memo and site plan Ex.P-12, (iv) collected and sealed sample of blood spread there and also plain soil, preparing memo Ex.P-3 and packets marked B and C, (v) SHO PW-12 on that very day, arrested appellant accused at 4.00 P.M. vide memo Ex.P-4 and seized cloth pant he was wearing on having blood like stains, preparing memo Ex.P-5 and packet marked E. (vi) postmortem conducted at Hospital, Ladnu by doctor PW-2 - report Ex.P-3. On appellant's disclosure, recorded by PW-1 as Ex.P-22 and at instance of appellant axe from room of his residential premises, recovered and sealed are having blood stains on metallic portion-packet marked D - memo and site plan Exs.P-14 and P15. Packets of different articles intactly delivered at FSL and after other investigation, charge-sheet submitted.

5. FSL report Ex.P-18 mentions of A group blood on pant, baniyan of deceased on pant worn by the appellant and also on recovered axe'.

6. Appellant charged that he on 28.8.2002, at about 3.45 O'clock afternoon at or near Meghwalon-ki-Dhani inflicting blow of axe, murdered brother Bhanwara Ram claimedl trial. Among 18 prosecution witnesses, PW-9 is mother and PW-17 wife of deceased, are eye-witnesses. Kishna Ram PW-5 lodged F.I.R. who, Tulchha Ram PW-6 and Bhagirath PW-8 depose of having soon reached at the place of occurrence. PW-5 who lodged F.I.R. is declared hostile. PWs-3,11,12 and 16 are motbirs of proceedings undertaken during investigation. PW-15 ASI registered F.I.R. and SHO PW-1 is Investigating Officer. Dr. Devendra Kumar Sharma PW-10 proves signatures of other medical officer Dr. Ramjan posted at the hospital on prescription slip Ex. P10 and Pll. Dr. Omprakash PW-2 Medical Officer, Hospital, Ladnu proves post-mortem and preparation of report Ex.P-3 by him. Head Constable PW-14 and Constable PW-13 relate to safe depositing packets at laboratory, whereas PW-18 Patwari deposed about revenue record.

7. Appellant when asked to explain, states that he does not who killed brother Bhanwara Ram and he arrived there on hearing cries of mother and while he carried brother to hospital, his clothes were stained of blood. However, no defence evidence preferred.

8. Learned counsel appearing on behalf of the appellant extensively reading statements of mother PW-9, wife PW-17 a