Honble YADAV, J. — This appeal is preferred against the judgment dated 29.9.86 passed by the learned District and Sessions Judge, Jalore in Sessions Case No.37/85 by which he found Tola Ram @ Tolia guilty for the offence u/s.302 IPC and sentenced him for life imprisonment and a fine of Rs. 100/-and in default to further undergo one months simple imprisonment.

(2). According to the prosecution story it is alleged that on 26.9.85 at about 9.30 a.m. Thakra Ram, real brother of accused appellant Tola Ram, lodged a written report at police station Ahore stating therein that his real brother Tolia who is living separately with him had committed murder of his wife by causing injuries on her neck and head by an axe. According to the FIR lodged by his real brother, it is alleged that for some time accused appellant was mentally depressed and emotionally surcharged. It is further disclosed in the FIR that the dead body of deceased Bhikhi is lying in pool of blood in the ori (inner room) of the house of the accused appellant and her blood has also spilled in the court yard.

(3). On the basis of written report Ex.P/1, a formal FIR Ex.P/14 was drawn at police station Ahore and investigation commenced.

(4). It is alleged by the prosecution that on the hue and cry raised by deceased Bhikhi, two sons viz. Dewa PW-2 and Dunga PW- 3, sons of Thakra Ram went to the house of the accused. They found the door of the house of the appellant bolted from inside. Then both of these witnesses entered in the house of the accused appellant by jumping from the wall of another house adjoining to the house of the deceased. When both the aforesaid witnesses entered in the house, the accused appellant opened the door of his house and came out from his house. Both these witnesses caught hold of the accused-appellant and tied him to a Neem tree.

(5). After completion of investigation, the challan was submitted by the police Ahore against the accused-appellant in the court of learned Civil Judge and Chief Judicial Magistrate , Jalore who committed the case for trial to the court of learned District and Sessions Judge, Jalore.

(6). The learned District and Sessions Judge framed the charges against the accused appellant under section 302 IPC.

(7). The accused appellant pleaded not guilty and claimed trial.

(8). The prosecution examined nine witnesses namely PW-1 Thakra Ram, PW-2 Deva Ram, PW-3 Dunga, PW-4 Smt.Kanku, PW-5 Hadmat Singh, PW-6 Parbat Singh, PW-7 Dalip Singh, PW-8 Dr.Hanuman Dutt, Medical Jurist and PW-9 Gom Singh, investigating officer in support of the prosecution story and also produced 17 documents Ex.P/1 to Ex.P/17. The accused appellant pleaded ignorance about the offence and stated that his mind at present is not working properly.

(9). After hearing the learned public prosecutor and the learned counsel for the defence, the learned District and Sessions Judge passed the aforementioned sentence against the accused-appellant.

(10). We have heard the learned counsel for the accused-appellant Shri Sukh Ram and Shri V.R.Mehta, learned public prosecutor appearing on behalf of the State and we have gone through the evidence on record carefully.

(11). The learned counsel for the appellant Shri Sukh Ram submitted before us that there is no direct evidence about the commission of the offence by the appellant and the accused appellant was of unsound mind at the time of occurrence. Secondly according to the learned counsel for the appellant, all the witnesses produced by the prosecution in support of prosecution story have been declared hostile and lastly according to him the prosecution story has failed to prove the motive in the instant case.

(12). The learned public prosecutor Shri V.R.Mehta refuted the aforesaid contention and has submitted before us that in the instant case there is a ring of truth in the circumstantial evidence produced and the witnesses who have been examined on behalf of the prosecution are the kith and kin of accused-appellant, therefore, althou

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