1. - This appeal is directed against the judgment dated 12.10.1995 passed by the Sessions Judge, Rajsamand convicting the appellant Gordhan Singh of offence under Section 302 I.P.C. and sentenced him to imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment to further undergo three years rigorous imprisonment. The appellant has also been convicted for offence under Section 447 I.P.C. and sentenced to three months rigorous imprisonment. Both the sentences have been ordered to run concurrently. The appellant has also preferred an appeal from Jail, which has been registered as D.B. Criminal Jail Appeal No. 519/1995. Both the appeals are heard together and disposed of by this common judgment.

2. Briefly stated that prosecution case is that an 29.8.1994 at about 12 Noon, PW. 7 Naval Singh lodged a F.I.R. Ex. R 6 at Police Station. Rajnagar stating inter alia that his mother has been killed by Gordhan Singh by lathi. He also stated that the incident was witnessed by PW. 2 Vijay Singh and PW. 6 Kunwar Singh. The accused entered in his house and struck a lathi blow on his mother. She was taken to the hospital by Narayan Singh, Gamer Singh, Hari Singh, Kunwar S