1. - This appeal, which has been received from the Superintendent, Central Jail, Jaipur on behalf of accused-appellant Sadhu Ram, seeks to assail the judgment dated 22/11/2003 passed by learned Additional District and Sessions Judge (Fast Track), Sikar in Sessions Case No. 40/2003 whereby, appellant was convicted for offence u/S.302 IPC and sentenced to life imprisonment with fine of Rs. 100/- and in default of payment thereof, he was required to further undergo imprisonment of fifteen days. He was also convicted for offence u/S.458 IPC and sentenced to rigorous imprisonment of ten years with fine of Rs. 100/- and in default of payment thereof, he was required to further undergo imprisonment of fifteen days. Both the sentences were directed to run concurrently.

2. Brief facts giving rise to the appeal are that a written report (Exb.P/5) was submitted by complainant-Ram Lal (PW6) to S.H.O. Police Station Fatehpur on 30/06/2003 alleging that at .00 p.m. in the night of 2/06/2003, he, his wife and two daughters Suman and Sunita were sleeping in the chowk of his house. After some time, their son Pawan Kumar came and went to sleep on the roof of the house. When Pawan did not get