1. - The appellant Mamu alias Mahmood had been charged for an offence under Sec. 302 and Sec. 341, Indian Penal Code for committing the murder of one Shambhu Singh to which he pleaded not guilty. Consequently, he was tried in the Court of Sessions Judge, Jhalawar in Sessions Case No. 52/1987. The learned Sessions Judge, Jhalawar after the trial held the petitioner guilty of the offence under Sec. 302 IPC and accordingly sentenced him to undergo rigorous imprisonment for life along with a fine of Rs. 100/- and in default of payment of fine to further undergo one months rigorous imprisonment. The accused appellant was also convicted and sentenced under Sec. 341, IPC and was sentenced to one months simple imprisonment. Both the sentences were ordered to run concurrently. The appellant feeling aggrieved with his conviction and sentence has preferred this appeal.

2. The case of the prosecution emerges out of the first information report which was registered by the SHO, PW 15 Umaid Singh of Police Station, Kotwali, Jhalawar. Prior to the registration of the FIR a telephonic message was received at the Police Station, Jhalawar on 17.6.1986 at 4.30 a.m. which informed that only som