JUDGMENT :

MEHTA, J.

1. The appellant herein has been convicted and sentenced as below vide judgment dated 08.11.2019 passed by learned Sessions Judge, Jodhpur in Sessions Case No.73/2016:-

Offence under Section Sentences Fine Sentence in lieu of default of payment of fine

302 IPC Rigorous Life Imprisonment Rs.25,000/- 1 month’s Additional R.I.

341 IPC -- Rs.500/- 5 Days’ SI

323 IPC -- Rs.1,000/- 5 Days’ SI

2. He has preferred the instant appeal under Section 374(2) Cr.P.C. for assailing the impugned judgment of conviction and the sentences awarded to him by the trial court.

3. Briefly stated the facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

Manohar (PW.2) submitted a written report (Ex.P/1) to the SHO Police Station Shergarh on 27.02.2016 at 10:00 PM alleging inter alia that on the same day evening at about 8:30, his father Shri Ramesh Kumar was proceeding towards Punjaram Ki Dhani. Pancha Ram came across with a lathi in his hand and launched an assault on Shri Ramesh Kumar who raised a hue and cry. On hearing the sounds of commotion, the informant, his mother and Shri Punja Ram rushed to the spot and in their view, Pancha Ram inflicted a lathi blow on the head of his mother. The neighbours collected on which, Pancha Ram ran away. His parents were taken to the Shergarh Hospital. His father received serious injuries on his temple as a result whereof he expired. An enquiry was made from the informant who disclosed that his father Ramesh Kumar and the accused Pancha Ram were taxi drivers and a dispute had arisen between them owing to a stepney which was the motive behind the assault.

4. On the basis of this written report, FIR No.27/2016 (Ex.P/13) came to be registered at the Police Station Shergarh, Jodhpur Rural for the offences punishable under Sections 341, 323 and 302 IPC. Usual investigation was undertaken. The accused was arrested. Postmortem was conducted on the dead body of Shri Ramesh Kumar by a Medical Board constituted at the Community Health Centre, Shergarh. The Board issued the postmortem report (Ex.P/9) taking note of following injuries:-

(i) Lacerated wound behind right pinna about 3 x 1 cm.

(ii) Multiple bruises approximately 12 x 4 cms on chest.

(iii) Lacerated wound on the right great toe.

On opening the scalp, fracture was found at the right parietal region. Ribs on left side were fractured. The Medical Board gave an opinion that cause of death of Shri Ramesh Kumar was massive haemorrhage caused by head injury.

5. Investigation was concluded and charge-sheet came to be filed against the accused-appellant for the offences punishable under Sections 341, 323, 302 and 447 IPC. The case was committed to the Court of Sessions Judge, Jodhpur where charges were framed against the accused appellant for the offences punishable under Sections 341, 323 and 302 IPC. He pleaded not guilty and claimed trial. The prosecution examined as many as eleven witnesses and exhibited sixteen documents to prove its case. The accused denied the prosecution allegations in his statement recorded under Section 313 Cr.P.C. and examined two witnesses in defence. After hearing arguments advanced by learned Public Prosecutor and the defence counsel and appreciating the evidence available on record, learned trial court proceeded to convict and sentence the appellant as above. Hence, this appeal.

6. Shri Rajesh Kumar, learned counsel representing the appellant, vehemently and fervently contended that the entire prosecution case is false and fabricated. The testimony of the alleged eyewitnesses Smt. Kamla Devi (PW.1) and the informant Manohar (PW.2) is not reliable. Both the witnesses have given contradictory statements regarding the place of incident which is noted in the site inspection plan (Ex.P/6). As a matter of fact, a sudden quarrel took place between the appellant and the deceased, who was heavily intoxicated and during the scuffle, the deceased fell down on stones and received injuries. He thus,