1. - In this cr. appeal filed under Section 374 of the Cr.P.C. the accused appellant is challenging the judgment of learned Sessions Judge, Pali passed in Sessions Case No. 52/2011 dated 13.3.2012 whereby the accused appellant was convicted for offence under Section 302 IPC and sentence for life imprisonment was imposed along with fine of Rs. 5,000/-, in default of payment of fine to further undergo six months SI.

2. As per facts of the case on 31.12.2009 at about 1.30 pm PW-16 Nawa Ram submitted a report at SHO Police Station Guda Endla, District Pali in which it was alleged that his Nata marriage was solemnized before 3-4 months with deceased Kuri D/o Chatara Ram Jawana Choudhary. Today at 9'O Clock he went to village Jawali for domestic work, and his wife Smt. Kuri was in his house. It is further stated in the FIR that at about 12'O clock when his wife Kuri was going for toilet along with his yonger brother PW-15 Saka Ram in the Gadoliyon Ki Gali, at that time, near the house of Joga Ji Gadoliya the accused Jaita Ram S/o Chatara Ram came there with axe in his hand and assaulted his wife but his wife Kuri run away and entered in the house of Joga Ram Gadoliya but accused