1. - This appeal is directed against the judgment dated 28.10,1989 passed by the Additional Sessions Judge No. 2, Jodhpur convicting the appellant Khinyaram @ Khinvda of offence under Section 302 I.RC. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-; in default of payment to further undergo one months simple imprisonment. He has further been convicted of offence under Sections 4/25 of the Arms Act and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs. 100/-; in default of payment to further undergo one months simple imprisonment. Both the sentences have been ordered to run concurrently.

2. Briefly stated the prosecution case is that on 13.7.1986, PW-8 Bhaguram lodged a written First Information Report Exhibit P-11 at Police Station, Bilara stating inter alia that in the morning at about 8.00 or 9.00 AM, while he was at Nayagaon, Jod, PW-5 Hemji informed that his son Ramuram was being murdered at the brick kiln of Rameshwar. He rushed to the hospital where the dead body of Ramuram was kept. He heard some people whispering that his son was being murdered by Khinyaram S/o Jogaram, as on the last evening i.e. on 12.7.1986, he had openly announced that he will not allow his son Ramuram alive, for implicating him in a case of theft. He also stated that during the night, his son was being killed by inflicting injury on his head by a sharp edged weapon. On this information police registered a case for offence under Section 302 I.RC. and proceeded with investigation. Police prepared the site plan and inquest report. Dead body of Ramuram was sent for autopsy. As per the Post Mortem Report Exhibit P-21 following injuries were found on the person of deceased Ramuram :

"(A) An incised wound of dimensions length 24 cm Xdepth 4 cm X breadth 5 cm, situated on the lateral side of the left frontal, parieto-temporal and occipital region of the skull. The direction of the wound is transverse. The wound is extending from the middle point of the left eye brow to the occipital region of the left skull. The edges of the wounds are even.

The depth of the wound is approx. 4 cm in the center involving all the five layers of the scalp, bones, membranes and lateral cerebal surface. The brain tissue is coming out from the wound.

(B) The left side of brain membranes are lacerated transversely, corresponding the direction of the wound.

(C) There is large clot of blood between lower table of skull bones and duramatter of the left side of the skull.

(D) There is extensive damages of brain matter in the left cerebral region. There is e/o brain tissue injury in the left lateral surface of the frontal, temporal (upper part) parietal (lower part) and occipital (anterio part) lobes of the left cerebrum."
Injuries were found to be antemortem. In the opinion of the Doctor, cause of death was coma due to cerebral injury. Police also recovered the blood stained weapon and cloths in pursuance of the information given by the appellant. After usual investigation, police laid chargesheet against the appellant for the offence under Section 302 I.RC. and Section 4/25 of the Arms Act.

3. During the trial, prosecution relied on following piece of circumstances to connect the appellant with alleged crime :

(a) The deceased was last seen in the company of appellant.

(b) Recovery of blood stained Dhariya in pursuance of the information given by the appellant.

(c) Appellant failed to give satisfactory explanation as to the presence of blood stains on his trouser.

(d) On comparison, blood on the weapon of offence, the cloths of deceased and accused were found to be of same blood group "A".

4. The trial court having found circumstances proved held the appellant guilty of murder of Ramuram. Accordingly, he convicted and sentenced in the manner noticed above.

5. We have heard Mr. B.S. Rathore, learned counsel appearing for the appellant and learned Public Prosecutor. Withfctne assistance of learned counsel we have perused the eviden