JUDGMENT :

SANDEEP MEHTA, J.

1. The accused Bhatta Ram stands convicted and sentenced as below vide judgment dated 22.02.2017 passed by the learned Additional Sessions Judge, Bali, District Pali, (Camp Desuri) in Sessions Case No.40/2009:

Offence Sentence Fine Fine Default sentence

Under Section 302 IPC Life Imprisonment Rs.10,000/- Six Months’ Additional Simple Imprisonment

2. Being aggrieved of his conviction and sentence, the accused appellant has preferred the instant appeal under Section 374(2) Cr.P.C.

3. Brief facts relevant and essential for disposal of the appeal are noted herein below:

Kesaram (PW-3) submitted a written report (Ex.P/15) to the SHO Police Station Desuri, District Pali at the Suresh Piau (place of the occurrence) on 03.05.2009 at 04.30 pm. alleging inter alia that his brother Bheraram son of Balaji, resident of Chhoda had gone towards Kelwa with his wife and children for doing labour jobs. The complainant claims to have received an information on 03.05.2009 at about 3-4 o’ clock that a dead-body was lying behind the Suresh Piau. He went there to have a look at the dead-body and on checking, he realized that the dead-body was that of his brother. He suspected that s