Hon'ble SHARMA, J.—This appeal has been filed by the appellant Arjun Ram against the judgment dated 30.9.2004 passed by the learned Additional Sessions Judge (Fast Track) Nagaur, whereby the appellant has been held guilty for the offence punishable under Sec.302 IPC and he has been senten-ced to undergo life imprisonment and to pay a fine of Rs.2000/-, in default whereof to further undergo rigorous imprisonment for a period of two months.

2. The FIR, in the present case, has been registered on the statement of Pratap Ram S/o. Jina Ram, elder brother of Dhana Ram (deceased). As per statement of complainant, his younger brother Dhana Ram who had separate dwelling went to look after his agricultural fields at 10 a.m., which is situated at the western side of the village. At the same time, Arjun Ram, Naval S/o Arjun Ram, Baudi W/o. Arjun Ram Bhala Ram S/o. Gopa Ram Jat, all four armed with sharp-edged weapons-sword and barchhi, arrived at the field on a tractor which was being driven by Arjun Ram. It was stated that Dhanna Ram was actively chased by the same tractor and finally he was hit from behind and meanwhile inflicted injury on the head by the barchhi as a result he fell down. Thereafter, the tractor started pounding over the body of Dhana Ram which made him to shriek with pain, which alerted Jina Ram, Pratap Ram and Chuna Ram who were working hereby. However, the accused people fled away from the spot on the same tractor. It was also stated that Arjun Ram and Naval inflicted barchhi blows on the head of Dhana Ram due to which he sustained injuries on his head. After that, the complainant and other persons took Dhana Ram at Nagaur Hospital for treatment where Doctor declared him dead. The above Statements of Pratap Ram were recorded by the S.H.O. Police Station, Kotwali in Roznamcha Ex. P.21 and on it FIR No. 223/2003 was registered and investigation was started.

3. During course of investigation Police inspected the place of incidence and prepared site plan Ex. P.22 and site inspection memo Ex. P.26. Blood stained soil and controlled soil were taken in possession from the place of occurrence vide memo Ex. P.23. The dead body was sent for post-mortem examination. Post-mortem report Ex. P.24 was taken on record. Accused Arjun Ram was arrested. On information (Ex. P.28) furnished by accused, a tractor `Messy' without number, was taken in possession by the Police vide memo Ex. P.29. The tractor was mechanically inspected and report thereto as Ex. P.31 was taken on record. A notice under Section 133 of Motor Vehicles Act was issued to the registered owner of the tractor and reply thereto Ex. P.32 was taken on record. The wearing apparels of deceased Dhanna Ram were also taken in possession by the Police. Statements of witnesses were recorded. The blood stained soil, controlled soil, dhoti, kamiz, under wear and banayan, belonging to deceased, were sent to FSL, Jodhpur for chemical examination, where from report Ex. P.33 was received. After completion of investigation challan was filed against the accused Arjun Ram for offence under Section 302 IPC on 23rd August, 2003 in the Court of the learned Chief Judicial Magistrate Nagaur.

4. Since offence under Section 302 IPC was exclusively triable by the Court of Sessions, learned Magistrate, after complying the provisions envisaged under Section 207 Cr.P.C., committed the case to the Court of Additional Sessions Judge, Nagaur vide its order dated 9th September. Thereafter, the case was transferred in the Court of Additional Sessions Judge (Fast Track) Nagaur, (hereinafter referred as "learned trial court.").

5. Learned trial Court, after hearing the parties, vide its order dated 24th November, 2003 framed charge under Section 302 I.P.C. for which accused pleaded not guilty and claimed for trial.

6. In support of its case, the prosecution examined as many as 22 witnesses. Thereafter, the accused was examined under Section 313 Cr.P.C. wherein he denied the allegations levelled against him by

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