1. - This appeal is directed against the judgment of the learned Additional Sessions Judge, Nathdwara dated 20th May 2006 in Sessions Case No.16/05 whereby the accused appellant Kesu Lal has been convicted under section 302 IPC and sentenced for life imprisonment alongwith fine of Rs. 5000/- and in default thereof to undergo further imprisonment for two years.

2. The facts of the case, briefly stated, are that FIR was lodged on 07.07.2005 at the Police Station Khamnor on the statement of Shanker Lal that on 06.07.2005 at 11PM in the night he along with his family was sleeping at his home. He suddenly woke up on hearing loud noise near his house. When he went out side his house, he saw that Kesu Lal was repeatedly inflicting axe blows on Naru Gameti and also abusing him. Shanker Lal raised alarm but no one came there. Naru fell down and presuming him to be dead Kesu Lal ran away. Thereafter the mother and wife of Naru came there who returned to their home after seeing him dead. The people from neighbourhood also came and saw dead body of Naru. In the morning the complainant Shanker Lal saw that there were big wounds caused by axe on the body. The motive of murder was stated