JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of a Division Bench of the Rajasthan High Court at Jodhpur dismissing the appeal filed by the appellant who was convicted for offence punishable under Section 302 of the Indian Penal Code,1860 (in short the ‘IPC’) and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.500/- with default stipulation. The order of conviction was recorded by learned Special Judge SC/ST, (Prevention of Atrocities) and Additional Sessions Judge, Partap Garh, Rajasthan.

2.Prosecution version as unfolded during trial is as follows :

On 26.8.1995 at about 8 a.m. Mithu Singh (PW1) heard the scream that “run run he will kill her”. On hearing the scream he rushed towards the house of appellant where Smt. Bhanwar Kanwar, Smt. Nand Kanwar, Smt. Jagdish Kanwar and Smt. Mohan Kanwar were shouting loudly. Smt. Phool Kanwar told him that the accused is beating his wife. It was found by the informant on looking inside from the roof top that the accused was carrying a sickle in one hand and the chopped head of Smt. Govind Kanwar (hereinafter referred to as the ‘deceased’) in other hand. The sickle was blood staine