Honble THANVI, J.–Convict Nayab Singh has filed this appeal from jail through Superintendent, Central Jail, Bikaner against the judgment dated 4.9.2002 passed by the learned Additional Sessions Judge (Fast Track), Anupgarh, District Sri Ganganagar, whereby, he was convicted of offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 500/- , in default of payment of fine to further undergo three months rigorous imprisonment for killing his mother in the morning of 26th July, 1999.

(2). The Station House Officer, Police Station Suratgarh, District Sri Ganganagar registered a First Information Report Ex. P. 2, which was lodged before him by Prithvi Singh son of Inder Singh, by Caste Majhabi Sikh, resident of Gurusar Moidya on 26.7.99 at about 8.15 pm, in which, he alleged that for the last several days, mental condition of his son Nayab Singh was not good. It is further alleged that a day before the incident, he went to village Hindo to take his daughter. His wife Smt. Kulwant Kaur, son Nayab Singh and Younger daughter Kiran Kaur were at the house. On 26.7.99 at about 2 pm, Nazar Singh by Caste Jat Sikh came to him and told that his son Nayab Singh has killed his wife Smt. Kulwant Kaur by inflicting Axe blow on her head in the morning at about 7 am and the same has been witnessed by his relative Tahal Singh. On hearing this, he went to his village from Village Hindo along with Nazar Singh. At that time, Tara Singh Upsarpanch, Roop Singh and Tahal Singh were also reached on the spot, where the dead body of Smt. Kulwant Kaur was lying. There was a fatal injury on the head of the deceased Smt. Kulwant Kaur. He also came to know that his neighbours Kaku Singh, Jagtar Singh etc. came to his house and took her wife to the hospital but on the way she died. According to this report, his son appellant Nayab Singh has killed his wife on account of domestic quarrel by inflicting Axe blow on her head. The reason for delayed FIR was that he was out of the village.

(3). On this report, police registered a case of offence under Section 302 IPC and investigation was commenced. During the course of investigation, site was inspected and Axe was recovered at the instance of the accused. The Axe and clothes of the accused were sent for examination. The post mortem of the dead body was also conducted. After investigation, accused Nayab Singh, who was arrested on the next day of the incident was challenged under Section 302 IPC before the learned Additional Chief Judicial Magistrate, Suratgarh, who committed the case to the Court of Sessions, where accused was charged for offence under Section 302 IPC, to which he denied and claimed trial. During the course of trial, the prosecution examined 14 witnesses namely PW-1 Tahal Singh, PW-2 Kiranpal, PW-3 Prithvi Singh, PW-4 Tahal Singh son of Bugga Singh, PW-5 Dr. Ratan Lal Agarwal, PW-6 Mangtu Singh, PW-7 Roop Singh, PW-8 Kaku Singh, PW-9 Lekhraj, PW-10 Jagtar Singh, PW-11 Sarvar Ali, PW-12 Mohan lal Swami, PW- 13 Om Prakash and PW-14 Satpal Dudi. The statement of accused under Section 313 of the Code of Criminal Procedure was recorded, in which he denied the allegations levelled against him. No witness was produced in defence. The learned trial Court having found the prosecution case proved against the appellant, convicted and sentenced him in the manner stated above.

(4). Mr. Rakesh Sinha, Advocate was appointed as Amicus Curiae by the order of this Court dated 1.11.2002 to assist the Court on behalf of the unrepresented accused-appellant.

(5). We have heard learned Amicus Curiae, learned Public Prosecutor and also gone through the record of the learned trial court carefully. While assailing the judgment of the learned trial court, Mr. Rakesh Sinha, learned Amicus Curaie has submitted that the judgment of the learned trial Court is based on conjectures as there is no direct evidence against the accused appellant to link him with the alleged crime. According to learned cou

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