1. - The appellant Jai Singh was indicted by learned Sessions Judge, Jhunjhunu in Sessions case No. 23/96 for having committed murder of Rohitash. He has been convicted under Section 302 IPC vide its judgment dated February 1, 1975 and sentenced to undergo imprisonment for life. Against this judgment of conviction and sentence, the present action for filing the appeal has been resorted to by the appellant. Alongwith the appellant, co-accused Sumer Singh and Smt, Supyar W/o Shri Jai Singh were also tried for the offence under Section 302/34 IPC, but they have been acquitted by the trial Court.

2. Briefly stated the prosecution case is that PW 4 Daulat Ram S/o Hansram, by caste-Jat, R/o Soiana submitted a written report Ex.P. 5 to SHO, RS. Chirawa (District Jhunjhunu) at 5.30 A.M. on November 11, 1995 with the averments that yesterday i.e. on 10.11.1995 at about 10.00 RM. Phoolan.,*.. C, Kaluram, by caste-Jat, R/o Govla had taken his nephew Rohitash S/o Richpal with him stating that his father was wrongly making way through the field of his nephew Jai Singh and, therefore, he was called by Jai /Singh to inspect the site. After sometime, on hearing Rohitashs cries from the side of Jai Singhs house, Dinesh S/o Chetram, Sumitra D/o Richpal and Site W/o Mahesh went to the house of Jai Singh and found that Jai Singh, Sumer Singh and Smt. Supyar were casing injuries with Gandasi and Lathies on the person of Rohitash in his room. Thereafter he was also informed by his nephew Dinesh about the incident at 11.00 P.M. He himself went to the house of the Jai Singh and found Rohitash injured in a room. There were many injuries on his head. No other person was present there. Thereafter Rohitash was taken to the hospital located at village Chanana but he was declared dead by Dr. Vidhyadhar Bajiya, Medical Officer, Primary Health Centre (PHC), Chanana. On the basis of this written report, a formal F.I.R. Ex.P6 was written and the SHO, RS. Chirawa registered a case under Section 302 IPG and investigation commenced. In the course of investigation, the Investigating Officer, PW 24 Bhishmraj Arya reached on the spot on the same day and prepared Site Plan Ex.P1. A stone slab stained with blood was removed form the floor of the room where incident had taken place and it was seized and sealed by the I.O. vide Seizure Memo Ex.P3. From the spot the I.O. went to the hospital, Chanana where the dead body of Rohitash was lying and prepared Inquest Report Ex.P2. Bushirt, Baniyan, Trouser, Chaddi, Leather Sandal and woolen Jarsi (Sweater) which the deceased was wearing at the time of the incident were also seized and sealed vide Ex.P4. Autopsy on the dead body of Rohitash was conducted on November 11, 1995 at 12.30 P.M. by PW 21 Dr. Vidhyadhar Bajiya and he prepared post-mortem report Ex.P16. Photographs of the dead body were also taken. Statements of the witnesses were recorded under Section 161 Cr.RC.The appellant Jai Singh, co- accused Sumer Sigh and Smt. Supyar were arrested. Baniyan which the appellant Jai Singh was wearing at the time of his arrest, was seized and sealed by the I.O. vide Seizure Memo Ex.P13. On the disclosure statement Ex.P50 and at the instance of the appellant Jai Singh, spear (barchi) was recovered from a well situated near village Novda and it was seized and sealed vide recovery memo Ex.P14 by the Investigating Officer. Co-accused Smt. Supyar was also also medically examined by Dr. Vidhyadhar Bajiya and he prepared injury report Ex.D6. On completion of investigation, chargesheet was laid in the Court of Judicial Magistrate, Chirawa, who committed the case to the Court of Sessions Judge, Jhunjhunu.

3. Charge under Section 302/34 was framed against all the three accused who denied the charge and claimed to be tried.

4. The prosecution examined as many as 24 witnesses in support of its case. In their statements recorded under Section 313 Cr.RC., the appellant and other two co-accused stated that in the fateful night at around 11