1. - The instant cr. appeal under Section 374 Cr.PC. has been filed by the accused appellant Ravji S/o Onkar against the judgment dated 6.1.2006 passed by the learned Sessions Judge (Fast Track), Banswara in Sessions Case No.64/2005 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment along with fine of Rs. 1000/- and in default of payment of fine to further undergo 3 months RI and for offence under Section 397 passed sentence for 7 years SI and under Section 449 IPC sentence for 5 years SI and to pay a fine of Rs. 1000/- and in default of payment of fine to further undergo three months SI.

2. As per the facts of the case on 25.2.2005 the complainant Magan Lal PW-15 submitted a first information report to the SHO, Police Station, Lohariya, District Banswara stating therein that they are two brothers and his younger brother Mitha Lal is living separately and his mother aged about 80 years is also living in their parental house. The younger brother was providing meals to his mother Kesar. The son of Mitha Lal, Gajendra used to sleep in his mother's house with his grand-mother. Last night as per daily routine his mother and Gajendra S/o of his brother slept in the house in the night but in the morning at about 7.00 a.m. Gajendra left the house of his grand-mother and came back to his house from where Smt. Babali W/o Mitha Lal brother of the author of the FIR went to the house of Smt. Kesar to provide tea where she saw that her mother-in-law is sleeping on a cot and upon removing Rajai she found injuries upon the body of Smt. Kesar, mother-in-law. Smt. Babali immediately called her husband Mitha Lal and Magan Lal (author of the FIR) and upon calling they went to the house of mother where they found that their mother died due to serious injuries sustained to her by unknown person and silver ornaments which deceased Smt. Kesar used to wear were not found upon her body. As per the allegation in the FIR, some unknown person murdered his mother and stole the silver ornaments from the body of his mother.

3. Upon aforesaid complaint, the SHO, Police Station, Lohariya registered the FIR no. 17/2005 and commenced the investigation. The Investigating Officer, after recording evidence under Section 161 Cr.RC. and making recovery from the accused appellant arrested him vide Ex.P/26 and after recovery of ornaments and sword from him upon his information under Section 27 of the Evidence Act, filed charge-sheet against the accused appellant for offences under Section 449, 302 and 397 IPC in the court of Judicial Magistrate, First Class, Gadi from where the case was committed to the District & Sessions Judge, Banswara and later on case was transferred by the District & Sessions Judge, Banswara to the court of Addl. Sessions Judge (Fast Track), Banswara.

4. The learned trial court framed the charge under Sections 449, 302 and 397 IPC against the accused appellant and proceeded to record the evidence of prosecution witnesses and in this sequence recorded statements of 20 prosecution witnesses and 31 documents were exhibited in the trial. In the trial after recording prosecution evidence, the learned trial court recorded statement of accused appellant under Section 313 Cr.RC. in which he said that he is innocent and no offence has been committed by him. It is also stated that no information was given by him under which recovery of sword and ornaments are made. The police while giving threat took the thumb impression upon the paper from him but no offence of murder is committed by him. No evidence is produced by the accused appellant in defense.

5. The learned trial court after hearing both the parties finally convicted the accused appellant for the offences under Section 449, 302 and 397 IPC and passed the above sentence vide judgment dated 6.1.2006.

6. In this appeal, the appellant is challenging the validity of finding given by the learned trial court whereb