1. - The instant cr. jail appeal has been filed by the life convict Ladu Puri @ Ladu Giri S/o Ghisa Puri Goswami, resident of Udaliyas, Police Station Kotdai, District Bhilwara against the judgment dated 4.4.2006 passed by the Addl. District & Sessions Judge (Fast Track) No.l, Bhilwara in Sessions Case no. 75/2005 whereby the accused appellant was convicted for offence under Section 302 IPC and sentenced for life imprisonment was passed against him by the learned trial court alongwith fine of Rs. 2,000/- and in default of payment of fine to further undergo 2 months imprisonment.

2. As per the facts of the case a written complaint Ex.P/1 was submitted by the PW-1 Ganpat Singh Ranawat, resident of village Udaliyas on 24.6.2005 before the SHO, Police Station Kotadi in which the complainant PW-1 Ganpat Singh stated that in his village one Ghisa Giri Goswami is performing Sewa Pooja in the temple of Lord Mahadev but today when he did not attend the temple to perform Pooja and an information is recevied from the villagers that dead body of Pujari deceased Gisha Giri is lying at a place known as Ghardu Ki Khal in the village Udaliyas. Upon the aforesaid information, the complainant PW-1 Ganpat Singh rushed to the place where dead body of the deceased Gisha Giri was lying and upon inspection it is found that there were injuries upon the head of the deceased Gisha Giri and blood was spread over in 10-15 feet of the area. It is apprehended that somebody has killed Gisha Giri by inflicting injuries upon his head, therefore, complaint was filed. The SHO, Police Station Kotadi registered the FIR (Ex.P/30) under Section 302 IPC against unknown person and commenced investigation.

3. In the investigation although there was no direct evidence found but some informations were given by the family members that the Ladu Puri son of Gisha Giri was regularly compelling Gisha Giri to sale his land and upon refusal he made quarrel with him. In the investigation, upon above information, the police recovered the cloths of the deceased Ghisa Giri and accused appellant wearing at the time of occurrence took place and also recovered axe (Kulhari) upon information given by the appellant vide Ex.P/9 in front of two witnesses PW-5 Kailash and PW-6 Devi Lal and as per both the witnesses blood was found upon the axe (Khulhari). The cloths of the accused appellant were recovered vide Ex.P/7 and sealed articles 'G', the blood smelled soil was also taken from the site and, thereafter, 13 articles were sent to the State Forensic Laboratory, Rajasthan, Udaipur and in turn the FSL report (Ex.P/23) was sent by the Forensic Laboratory. The police after completion of investigation, filed challan against the accused appellant Ladu Puri @ Ladu Giri under Section 302 IPC in the court of Judicial Magistrate, Kotadi on 8.9.2005. Thereafter, the case was committed by the learned Magistrate to the Sessions Court, Bhilwara from where the case was transferred to the Court of Addl. District & Sessions Judge (Fast Track) No.l, Bhilwara where the trial took place.

4. The trial court after framing the charge under Section 302 IPC against the accused appellant proceeded to record the evidence of prosecution. In the trial, the statements of 24 prosecution witnesses were recorded, thereafter, the statement of accused appellant were recorded under Section 313 Cr.P.C. in which he denied all the allegations leveled against him. The trial court finally heard the argument and vide judgment dated 4.4.2006 convicted the accused appellant for the offence under Section 302 IPC on the basis of the circumstantial evidence of last seen and recovery of cloths and weapon axe (Kulhari). The learned trial court gave finding that as per the statement of prosecution witnesses appellant being son of deceased Gisha Giri was compelling his father to sale his land but his father deceased Gisha Giri refused to sale his land, therefore, it was the motive of accused appellant to kill his father. The lear