JUDGMENT

Raghvendra Singh Chauhan, C.J. - Having been convicted of offence under Section 302 IPC, sentenced to Life Imprisonment, imposed with a fine of Rupees Ten Thousand, and directed to undergo two years of Rigorous Imprisonment in default thereof, by the learned Sessions Judge, Pauri Garhwal, by judgment dated 21.09.2012, the appellant, Mr. Dinesh Kumar, has filed this appeal before this Court.

2. Briefly stated the facts of the case are that, on 27.12.2006, Mukesh Kumar (P.W. 1), lodged a written report (Ex. Ka. 1) before the Station House Officer, P.S. Kotdwar, District Pauri Garhwal, wherein he claimed that he has a brother, Dinesh Kumar. According to him, he (the complainant) works at Shahibabad Paras Factory. His elder brother, Dinesh Kumar, stays at their house at Kotdwar. His parents stay with him at Ghaziabad. A week ago, his father, Manik Lal, had gone to his village for some work. His cousin brother, Mr. Tek Chand (P.W. 3), informed him on phone that the complainant's father has expired. Therefore, "this morning, he, his mother and his sister left around 11:00 AM. They reached their home in the village around 5 to 6 PM. They found his father lying in the courtyard on a