1. - This appeal has been directed against the judgment dated 24th April, 1986 passed by the learned Additional Sessions Judge, Barmer, whereby he convicted the appellant for the offence punishable under section 302 Indian Penal Code and sentenced him to life imprisonment and a fine of Rs. 500/-.

2. Briefly, the prosecution case is that PW 11 Khanu Ram Bishnoi is the recorded khatedar of agricultural holding bearing khasra No, 108 measuring 30 bigha and 13 biswa situated in village Aleti. It is alleged that appellant Poonma and his brothers Gordhau (DW 2) and Badra (DW 6) fraudulently got a registered sale - deed dated 22-11-82 (Ex.D 4) executed from Khanu Ram in their favour in respect of the said land, though no consideration was passed nor possession thereof was given to them. Smt. Gavri, wife of Khanu Ram along with her sons, therefore, filed a suit for declaration and perpetual injunction against appellant Poonma Ram and his brothers in respect of the disputed land, wherein the S.D.O. Barmer was scheduled to inspect the disputed land. It is the case of the prosecution that on 17-6-1985, PW 9 Ashu, who is the son-in-law of PW 11 Khanu Ram and who is resident of village