Gopal Krishan Vyas, J.

In this Cr. appeal filed under Section 374(2) Cr.P.C. the accused appellant Ramesh S/o Mangi Lal is challenging the judgment of conviction and sentence dated 1.7.2009 passed by the learned Addl. Sessions Judge, Nathdawara, District Rajsamand in Sessions Case No. 10/2008 by which the learned trial court convicted the appellant for the offence under Section 302 and 201 IPC while acquitting two co-accused Bholi Ram and Smt. Mohini from the charge under Section 201 IPC levelled against them and passed the following sentence against the accused appellant:

Under Section 302 IPC Life Imprisonment and a fine of Rs. 5,000/- and in default of payment of fine to further undergo three months SI.

Under Section 201 IPC Three years RI and a fine of Rs. 3,000/- and in default of payment of fine to further undergo two months SI.

2. As per facts of the case on 21.7.2008, the SHO Police Station, Nathdawara received a message on telephone at about 4.45 pm from Ex-Sarpanch Satyanarayan PW - 11 of the village Salore in which it was informed that in the village he heard