1. - This appeal is directed against the Judgment dated March 31, 1998 passed by learned Additional District & Sessions Judge, Neem- ka- Thana (District Sikar) whereby the appellant- Madan Kumar has been convicted for the offence under section 302 IPC and sentenced undergo imprisonment for life with a fine of Rs. 500/- in default of payment of fine to further undergo 4 months simple imprisonment.

2. The brief facts of the prosecution case are that PW 3 Sher Singh S/o Rawat Singh Rajput R/o Moondri Police Station Srimadhopur District Sikar submitted a written report Ex.P1 to SHO Srimadhopur on July 16, 1995 at 3.20 PM. It was, interalia, stated in the report that today at about 2.00 RM. when Sher Singh, Prema Raigar, Gauri Shankar, Nathu Raigar, Suwa Ram Bunkar and he were taking liquor at the wineshop, Jhabar Singh Rajput and the appellant Madanlal came there. Jhabar Singh asked the appellant to get liquor and broke an empty bottle which was lying there. Thereafter the appellant pushed Jhabar Singh who fell down on the ground. The appellant lifted a stone from the spot and when he was going to cause injury on the head of Jhabar Singh, all of them ran away. The written report was forwarded by SHO Police Station Srimadhopur PW 14 Bhanwar Lal, to the Police Station for registering a case. It was also mentioned by PW 14 Bhanwarlal in Karyawahi Police that Jhabar Singh has expired. On receipt of Ex.P1 the Incharge Police Station Srimadhopur wrote a formal FIR Ex.P13 and registered a case under section 302 Indian Penal Code Investigation commenced. In the course of investigation PW14 Bhanwarlal prepared a site plan Ex.P2 and inquest report of the dead body of Jhabar Singh Ex.P3. Blood- stained stones from the spot were seized and sealed vide seizure memos Ex.F6 and P7. Blood- smeared soil was also seized from the spot and after sealing it Bhanwarlal, I.O. prepared seizure memo Ex.P7. Autopsy of the dead body of deceased Jhabar Singh was conducted by PW 11 Dr. B.D. Sharma, Medical Officer Incharge, CHO, Srimadhopur on July 16, 1995 at 5.45 PM and he prepared post-mortem report Ex.P5. The I.O. also seized pent, chaddar, baniyan and a pair of shoes which the deceased was wearing at the time of incident, sealed these articles and prepared Ex.P14. The appellant was arrested vide arrest memo Ex.P12. As some blood spots were on the clothes of the appellant, his pent and shirt were seized and sealed by the I.O. vide Ex.PIO. Statements of the witnesses were recorded under section 161 Cr.P.C. Stones, blood- smeared soil, control soil, pent, shirt, chaddi, baniyan and a pair of shoes belonging to the deceased were sent to the FSL, Jaipur. The report of FSL is Ex.P15. On completion of investigation, a chargesheet was submitted against the appellant in the court of Additional Chief Judicial Magistrate Srimadhopur who committed the case to the court of Additional Sessions Judge, Neem- ka- Thana District Sikar.

3. Learned trial court framed a charge under section 302 IPC which was denied by the appellant and he Claimed trial.

4. The prosecution examined as many as 15 witnesses in support of its case. In the statement recorded under section 313 Cr.P.C. the appellant Claimed innocence and he stated that he was falsely implicated. In defence no witnesses were produced.

5. The learned trial Judge after hearing the final submissions, convicted and sentenced the appellant as indicated hereinabove.

6. We have heard learned Amicus Curiae for the appellant, learned PR scanned and scrutinised the material on record.

7. PW 11 Dr. B.D. Sharma stated on July 16, 1995 at 5.40 PM. he conducted the post-mortem examination of deceased Jhabar Singh are found following injuries on his dead body :

External Injuries :

1. lacerated wound 2 X 1/2 cm. X 1/2 cm.X bone deep over the right eye, upper eyelid.

2. lacerated wound 3 cm. X 1/2 cm. X bone deep over the left for head oblique in direction.

3. lacerated wound of triangular shape over forehead centrally situated.

4. De