Ram Krishna Gautam, J.

1. This Criminal Appeal under section 374(2) of Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) has been filed as Jail Appeal through the Superintendent of Jail, Ghaziabad, u/s 383 Cr.P.C. against judgment of conviction and sentence dated 30.5.2012 passed by Additional Sessions Judge, Hapur, District Ghaziabad, in S.T. No. 436 of 2009, State vs. Shrawan alias Sarwan, arising out of Case Crime No. 349 of 2008, u/s 302 I.P.C. Police Station Bahadurgarh, District Ghaziabad, whereby accused-appellant Shrawan @ Sarwan has been convicted for the offence of murder punishable u/s 302 I.P.C. and sentenced for life imprisonment and fine of Rs. 15000/- in case of default to undergo further imprisonment of two years.

2. On the very perusal of record of Trial Court, it is apparent that Case Crime No. 349 of 2008 was got registered at Police Station Bahadurgarh, District Ghaziabad, on 4.11.2008 at 8.30 A.M. on the written report (Ext. Ka1) of Sanjeev Kumar, son of Sheoraj, resident of Village Bihuni, P.S. Bahadurgarh, District Ghaziabad, against the accused-appellant Shrawan alias Sarwan son of Bhagwani Gaur, resident of Village Mursi, P.S. Jay Singh Nagar, District Shahdaul (M.P.) stating therein that the informant was sleeping after taking usual dinner. His family members were also sleeping. His brother Rajeev had slept inside the room, door of which was open and his servant Shrawan @ Sarwan (appellant) was sleeping in verandah in front of said room. Main door of Haveli was closed from inside. The informant was awakened at about 4.00 A.M. He came on the ground floor and found that the main gate of the house was open. He became suspicious. He found that his servant Shrawan @ Sarwan was not there on his cot. He made a call for his brother Rajeev, which was of no response. He entered inside the room and found his brother dead on the cot and an axe was lying at the floor below the cot. Hence, it was a murder committed by the servant Shrawan by assault with the said axe on the face of his brother. He shouted, on which many persons of village rushed to the spot. Ashok, son of Member Singh, resident of his village Bihuni, apprised him that while he was returning home from his field after making arrangement of irrigation, at about 2.45 A.M. he saw the servant Shrawan running through irrigating channel towards Atsaini. The informant and others searched him in nearby Jungle but in vain. Rajeev was aged about 40 years. The F.I.R. (Ext. Ka1) was scribed by Bhishm Tyagi, son of Mansharam, resident of village Bihuni, district Ghaziabad.

3. After lodging of F.I.R. investigation was undertaken by PW8, S.I. Sanjay Kumar Shukla, who rushed to the spot, recovered blood stained axe and prepared recovery mem (Ext. Ka2) in respect thereof. It was kept under seal after wrapping in a cloth and specimen seal was got prepared. Bedsheet (Dutaee) and pillow having blood stains over them were taken in possession, wrapped and sealed and recovery memo (Ext. Ka3) was prepared. Specimen seal was prepared on the spot. Inquest proceedings was got conducted and inquest report (Ext. Ka4) was prepared on the spot. Dead body was properly sealed and sent for autopsy along with relevant police papers.

4. Postmortem examination on the dead body was conducted on the same day at 3.25 P.M. and vide postmortem report (Ext Ka5) following antemortem injuries were found:

1. Lacerated wound 13x 12 cm front on the nose at right side of face bone deep. Bones were fractured under the injury.

2. Lacerated wound of reversed L shape in an area of 9 cm x 1.5 cm bone deep present on left side of face over cheek bone fracture of underlying bones, both jaws of face along with nasal bone, frontal bone of skull and bone of skull.

Death was result of above ante-mortem injuries

5. Investigation ultimately resulted in filing of charge-sheet against accused Shrawan @ Sarwan for offence punishable u/s 302 I.P.C. on which the Magistrate took cognizance. As the offe