1. - This criminal appeal has been filed under section 374 Cr.P.C. against the judgment dated 21.2.2004 passed by the Additional Sessions Judge (FT) No. 4, Jhalawar In Sessions Case No. 154/2003 whereby the accused - appellant has been convicted and sentenced as under:-

Under section 302 IPC : Imprisonment of life with fine of Rs. 2,000/ -, In default of payment of fine to further undergo one year's rigorous imprisonment.

2. The brief facts giving rise to the instant appeal are that the accused appellant himself submitted a written report Ex.P/21 at Police Station - Sarola Kalan on 30.6.2003 at 9.15 AM with the averments that on the last night at about 10.00 PM, after taking his meal, he went to his floor mill and slept there and his wife and two children were sleeping at home. In the morning at about 5.30 AM, he went to Roop Singh for tractor at Akawat Khurd and he returned back to his house at about 6.30 AM, he saw that the gates of the house were opened and locks were broken and belongings were scattered. He went at the terrace and found that both the children were sleeping. On enquiry, both the children started weeping. He left his children at Jagdish Gurjar's house and