Kochar, J. -- 1. The appellant has filed this appeal dissatisfied with the judgment passed on 7.4.1995 rendered in S.T. No. 210/89 by learned 1st Addl. Sessions Judge, Mhow, District Indore, whereby convicted the appellant u/s 302 IPC and sentenced to undergo RI for life and fine of Rs. 5001-; in default of payment of fine to undergo one month RI.

2. The prosecution case as put forth before the trial Court was that on 27.4.1989 in the night, during patrolling, police received information near Bherugarh from Jeet (PW 3) about a dead body lying in a nata. On this information, marg No. 6/89 (Ex. P-1) was registered. For protection of the dead body one chowkidar was deputed and on 2R.4.1989 inquest of the dead body vide Ex. P-2 was prepared. Map (Ex. P-3) was also prepared on the same day. Police has seized blood stained earth, stone and controlled earth and stone. From the spot one blue colour chappal, white glass, broken soda bottle, small button and other articles were seized through Ex. P-27. Up to that time body was not identified by anybody. It was the body of unknown person. From the grip of the deceased certain hairs were also seized. These hairs were sent for e