Honble MADAN, J.–This appeal arises out of judgment dated 30.10.1996 passed by the learned Sessions Judge, Jaipur District Jaipur, by which he has convicted accused appellant for offences u/S. 302 and 392, IPC, and sentenced him to undergo imprisonment for life with a fine of Rs. 3000/-(in default thereof, further six months RI) on first count, and four years rigorous imprisonment with a fine of Rs. 6, 000/-(in default thereof, further six month RI) on second count. Both the substantive sentences were ordered to run concurrently.

(2). The facts relevant for deciding this appeal, briefly stated, are that on 13.8.1994 at about 12.05 P.M. telephonic intimation was received at Police Station Bagru (Jaipur) to the effect that a dead body of lady was lying in maize (Bajra) crop field of one Umrao Singh. Upon such intimation, Bhuraram (ASI) alongwith Radhey Shyam (HC) & Bhuraram (FC) proceeded to the spot and the Station House Officer was intimated through wireless. After arrival of the police party at the sport, Nandaram Sharma gave a written report (Ex. P.3) to the SHO Bagru. In written report (Ex. P.3), Nandaram alleged that he used to work as Labour at the agricultural farm of Lodha Saheb and was resident of Dhani Bagwali Bagru Khurd; that in the morning while he was working at the farm then at about 9 Oclock Bhagirath Singh (accused appellant) came to him and told that Bhabhi (wife of Nandaram) would not be bringing his meals because he (Bhagirath Singh) had told her not to bring meal; that after an hour, his wife (Nandarams) reached with his meal then Bhagirath Singh left for Dhani; that thereafter his wife served him meal and after taking food, she left alongwith meals utensils towards Dhani, but after some time, Ladu came and told that Bhabhi (Nandas wife) was killed in the field of Thakur, whereupon he rushed to the spot then his aunt Kanidevi gave out that near the place where Savitri (his wife) was killed, she (Kani Devi) has seen Bhagirath Singh sitting at the ``Khejri tree while Savitri was lying dead soaked with blood having injuries and wounds at her neck wherefrom the blood was oozing out; and that gold chain (Jolya) & ear-rings which his wife was wearing were not found on her dead body. In the written report, it has also been alleged that he named Bhagirath Singh (accused appellant) as suspect for having committed murder of his wife Savitri. This written report was sent to the police station for lodging and registering the crime.

(3). Upon receipt of written report (Ex. P.3). submitted by complainant Nandaram at the spot to Shishupal Singh SHO PS Bagru, which was then sent through Ram Singh Constable No. 736. Crime No. 326/94 was registered at 1.30 PM on 13.8.94 at PS Bagru for offences u/S. 302 and 394 IPC against Bhagirath Singh (accused-appellant). During investigation at the spot, site plan (Ex. P.5) was prepared; one ``Hawai Chappal (Art. 7) vide Ex. P. 6, apparels of the deceased vide Ex. P.9, blood smeared and plain soil vide Ex P. 8, one ``chappal of the accused vide Ex. P.15 were seized by Shishupal Singh (PW17) SHO who also prepared inquest report (Ex.P.7) of the deceased in the presence of motbir witnesses. Autopsy of Savitri (deceased) was got conducted on 13.8.94 at 5 PM at the site of the incident itself vide Ex. P.31.

(4). Bhagirath Singh was arrested on 15.8.94 vide Ex. P.1 by Shishupal Singh (PW17). Apparels like Bushirt and pant having been worn by Bhagirath Singh at the time of his arrest which were having blood stains vide (Ex. 2) and his worn Chappal pair vide Ex. P. 16 were also recovered. On the information and at the instance of Bhagirath Singh, site plan of the place of incident was also prepared vide Ex. P. 14 on 16.8.94, when he volunteered an information under Sec. 27 of the Evidence Act vide Ex. P.24 to get recovered his left Chappal (Art. 13) which was recovered vide (Ex. P.1) with its site plan (Ex.P.18). Similarly, upon information (Ex.P.22) volunteered by the accused his ``lungi was reco

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