1. The appellant has filed the present criminal appeal under Section 374(2) of Cr.P.C. against impugned Judgment and Order dated 23.05.2011 passed by the Additional Sessions Judge, Nagaur in Sessions Case No. 49/2011, State of Rajasthan Vs. Jagdish vide which he was convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default of payment of fine to further undergo one year R.I.

2. The case of the prosecution is that the complainant Sukharam (PW-16) submitted the written report (Ex.P/6) on 18.06.2009 stating therein that he had gone to Khari along with his wife for work. While they were away, his daughters, namely, Manohari, Jasu, Baya and Neeru and his son Jagdish stayed back in the house. He received a telephone in the morning of 18.06.2009 from the shop of one Ramavatar that one Jagdish son of Hajari Ram Nayak had inflicted injury on the head of his son Jagdish with the lathi. He asked for the vehicle to be sent to him to pick him up. One Nem Singh came to pick him up in his pickup van. Both the complainant and his wife reached the village. On reaching, he found that body of his son Jagdish was lyin