MOHAMMAD RAFIQ, J.

1. This appeal has been filed by Chimman Singh @ Choon Singh against the judgement of his conviction dated 09.01.2013 passed by the Additional Sessions Judge No.3, Beawar, District Ajmer in Sessions Case No.126/2012 (14/2010). The accused-appellant by the aforesaid judgement has been convicted for offence u/s.302 IPC and sentenced to life imprisonment with fine of Rs.10,000, in default of which, he was to further undergo simple imprisonment of one year. He was also convicted for offence u/s.201 IPC with rigorous imprisonment of five years with fine of Rs.5,000, in default of which he was to further undergo simple imprisonment of six months. Both the sentences were ordered to run concurrently.

2. The facts of the case are that a complaint was submitted by Nathu Singh S/o Bhoja Singh to SHO Police Station Todgarh, District Ajmer alleging therein that his elder brother Jalam Singh aged about 55 years was working as a labourer for loading the stones in the camel cart along with Chimman Singh. On 27.2.2010 at about 8-9 pm, they started together from Gafa Imli Ka Badiya for going to Rampura. Udai Singh, Narayan Singh and Puran Singh saw them going together there. Some altercation took place between them near Kachchi Road ‘Kalinjari Baan’. Chimman Singh subjected Jalam Singh to beating, dragged him towards the drain, hit him by stone and thereby killed him. He then collected dead and dried wood, covered his dead body therewith and lit fire, as a result of which, the dead body was half burnt. When Jalam Singh did not return back to home on 28.2.2010, despite the fact that it was festival of ‘Holi’, his wife disclosed this fact to villagers. The villagers expressed doubt over Chimman Singh and started the search of Jalam Singh. When villagers made enquiry from Chimman Singh, he asked them to send two persons with him so that he could tell them the truth. Thereupon, Bhoja Singh and Narayan Singh were sent with him, whom Chimman Singh told that he has murdered Jalam Singh and had thrown his dead body in half burnt condition in ‘Kalinjari Baan’. He thereafter, on the pretext of answering the call of nature and taking advantage of darkness fled away therefrom. These persons tried to follow him, but he could not be caught. The villagers then came to ‘Kalinjari Baan’ for search of dead body of Jalam Singh. The half burnt dead body was found therein lying with face upside down, which was blackish. The palm of the right hand was not burnt, therefore he was identified by two fingers which had cut and by the copper ring, which he was wearing. It was therefore alleged that Chimman Singh had murdered Jalam Singh by subjecting him to severe beatings, thereafter dragged him to a ‘nala’ where he hit his head by a stone, thereby committed his murder and then tried to destroy the evidence by putting his body to fire. Action be therefore taken against the culprit.

3. The Police on the basis of written report lodged regular FIR no. 15/2010 for offence u/s.302 and 201 IPC and started investigation. Eventually, the charge sheet was filed against the accused-appellant and charges were also framed against him for the aforesaid offences. The accused denied the charges and claimed to be tried. The prosecution examined 18 witnesses and exhibited 29 documents. The defence though examined 1 witness, but did not exhibit any document. The trial court after conclusion of the trial, convicted and sentenced the accused-appellant in the manner as stated. Hence this appeal.

4. Shri Vinay Pal Yadav, learned counsel for the accused-appellant has argued that there being no eye witness to the incident, the entire case of the prosecution hinges on the circumstantial evidence. The circumstances taken to have been proved by the learned trial court against the accused is that of last seen and that of the extra judicial confession, which have not at all been proved. The FIR in the present case is ante dated because the substantial part of the investigation