ORDER :

1. The appellant has filed the instant appeal under Section 374(2) Cr.P.C. Being aggrieved of the judgment dated 17.10.1992 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.40/1991, whereby he has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment along with the fine of Rs.100/-.

2. Briefly stated facts relevant and essential for the disposal of the appeal are noted herein below:-

3. F.I.R. No.34/1991 (Ex.P/1) dated 23.01.1991 came to be registered at the Police Station Hanumangarh Junction for the offence punishable under Section 302 IPC on the basis of an oral report submitted by Shri Mukhtyar Singh (P.W.1) alleging inter alia that he and his two brothers, namely, Shri Ganga Singh and Shri Modan Singh, used to reside together in the same house with their parents. On the previous two evenings, the informant had stayed back at the tube well for watering the fields and his brother Shri Modan Singh went home. He returned to the field in the morning of 23.01.1991 at about 9.00 o’clock. The pump installed in the tubewell malfunctioned and thus, both the brothers were dismantling the same. At about 11