Honble GARG, J.–This appeal has been filed by the accused appellant against the judgment and order dated 16.9.2000 passed by the learned Addl. Sessions Judge No. 1, Chittorgarh in Sessions Case No. 51/98 by which he convicted the accused appellant for the offence under Sections 302 and 323 IPC and sentenced in the following manner:-

Name of appellant Convicted u/s. Sentence awarded

Narayan 302 IPC Imprisonment for life and to pay a fine of Rs. 1000/-, in default of payment of fine, to further undergo 3 months SI.

323 IPC One month SI and to pay a fine of Rs. 100/-, in default of payment of fine, to further undergo SI for 15 days.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 24.8.1998 at about 4.15 PM, PW4 Anchhi wife of Madhoo (PW6) lodged an oral report Ex.P/6 before PW21 Keshar Singh, who was at that time ASI in Police Station Gangrar District Chittorgarh stating inter-alia that on that day she, her husband PW6 Madhoo and her elder mother-in-law Mohini wife of Hazari (hereinafter referred to as the deceased) took food in the village Kanti and after taking food, they (PW4 Anchhi, PW6 Madhoo and deceased) all were returning to their village Indora and when

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