Per Bansi Lal Bhat, J.

1. This appeal is directed against the judgment of conviction dated 05.01.2012 and order of sentence dated 06.01.2012 formulated by learned Sessions Judge, Rajouri in Sessions Case File No. 25-A/Session titled "State v. Joginder Pal" by virtue whereof the appellant (hereinafter to be referred to as accused) has been convicted of offence under Section 302 RPC [Refer JK Laws 2nd Ed. 2013 Vol. 27 P-497] and sentenced to simple imprisonment for life and a fine of Rs.5000/-, in default to undergo further imprisonment for one month. Aggrieved of his conviction and sentence, the accused has preferred the instant appeal. Reference has also been made by the learned Sessions Judge for confirmation of life sentence slapped on the accused. Appeal and the Confirmation Reference were heard together.

2. Prosecution version is as follows:-

(i) On 15.04.2008, at around 8.15 AM, PW-Lok Nath made a telephone call to Police Station Sunderbani laying information that one Bishamber Nath S/o Mohan Lal R/o Kalideh (hereinafter to be referred to as the deceased) had committed suicide by hanging. A report to this effect was recorded in daily diary under report No.5 dated 15.04.2008. Inquest proceedings for ascertaining cause of death were initiated by ASI-Mahatam Singh. Dead body of the deceased was taken for post-mortem examination. Viscera were sent to Chemical Examiner for recording his opinion in respect of cause of death. It was revealed that the deceased had a dispute in regard to land with his brother Joginder Pal alias Kuku -- the accused, which led to frequent quarrels. It was further revealed that on 14.04.2008 the accused had invited the deceased to his house on the occasion of Mundan Ceremony of his son where the accused offered liquor to the deceased. There was some altercation between the two. The deceased did not return to his home at night. It was further revealed that the news about death of deceased was conveyed to the local inhabitants by the accused in the morning. It was revealed that the accused had committed murder of deceased under a plan and removed his body to the nearby forest. The accused was interrogated and he confessed his guilt. On the basis of material collected, a case for offence under Section 302 RPC [Refer JK Laws 2nd Ed. 2013 Vol. 27 P-497] was registered against the accused under FIR No.26/2008 of Police Station Sunderbani.

(ii) During the course of investigation, weapon of offence in the form of a stone was recovered at the instance of accused pursuant to a disclosure statement made by him. Statements of witnesses were recorded. The facts emerging from material assembled during investigation revealed that the deceased had two brothers including the accused and after passing away of the second brother his share was grabbed by accused. Since the deceased was demanding a share out of excess land held by the accused, the dispute was referred to Panchayat which advised the accused to surrender excess land in favour of deceased. However, the accused declined to abide by the directive of Panchayat and turned inimical towards the deceased. The investigation further revealed that the accused had previously also made murderous assault on the deceased who was rescued by his family. It was on the intervening night of 14/15th April, 2008 that the accused found an opportune time to whisk away the deceased to the forest located in the vicinity of his house, felled him on the ground and repeatedly struck his head with a stone causing serious injuries The deceased succumbed to these injuries. Further in order to mislead the people into believing that the deceased had committed suicide, the accused tore the towel and designed a noose. The body of deceased was hanged by the noose from a tree to create an impression that the deceased had committed suicide. This was a cover up attempt on the part of the accused. The material assembled during investigation established complicity of accused in committing the crime of

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