S.S.BYAS, J. - (1.)THIS is a jail appeal by accused Chanda Ram against the judgment of the learned Sessions Judge, Bikaner dated January 31, 1979 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 200/ - in default of the payment of fine to further undergo two months rigorous imprisonment.
(2.)BRIEFLY stated, the prosecution case, which is short and simple, is that PW 5 Beerma Ram and the deceased -victim Sukha Ram were grazing their live stock in Rohi of Mauja Saduna Tehsil Nokha district Bikaner in the morning of May 2, 1978. At about 8.00 or 9.00 A.M. both of them climbed over a Khejri standing in the field of one Kumb Nath to pluck the fruits. While they were still on the tree, the accused came there with an axe. He asked as to who was there on the tree. Beerma Ram (PW 5) came down and started running. Sukh Ram, who was still on the tree, asked Beerma Ram not to run away. Beerma Ram, thereupon stopped running and remained there in the field. He asked the accused as to why he was picking up quarrel with them. The accused threatened Beerma Ram and Beerma Ram again took to heels. The accused ran after him. In the meantime Sukha Ram got down from the tree. He also started running. The accused ran after Sukha Ram and struck blows to him with his axe. Sukh Ram fell down He raised cries and hearing his out -cries, PW 4 Jetha Ram, who was going in the way situate nearby, came there. Seeing him, the accused ran away taking the axe with him. Jetha Ram went to Sukh Ram. There was profuse bleeding from the wounds of Sukh Ram. Jetha Ram went to the village Saduna and informed some villagers of the incident. PW 1 Moda Ram and some persons of the village came on the spot and found Sukh Ram lying dead in the field of Kumb Nath. Moda Ram went to police station, Nokha and lodged verbal report Ex.P 1 of the occurrence at about 2.15 P.M. on the same day. The police registered a case and took -up the investigation. The investigation was conducted by the Deputy Superintendent H.S. Johri (PW 9). He arrived on the spot in the evening on the same day. Next day, he inspected the site, prepared the site plan and the inquest report of the dead body of Sukha Ram. He found a piece of wooden Danda lying there on the spot. It was seized and sealed. The blood -smeared soil from that place was also seized and sealed. The post -mortem examination of the victim's dead body was conducted at about 7.00 A.M. on May 3, 1978 by PW 2 Dr. Nathmal Dooger, the then Medical Officer Incharge, Primary Health Centre, Nokha. Dr. Dooger noticed the following injuries on the victim's dead body: External
1. Incised wound 4' 1' 3' on left parietal bone transversely about 3.2' above left ear, where parietal bone also dural. 2. Incised wound 3' 1' 1/2' oblique left side of back of neck, region about 2' behind ear 3. Incised wound 1' 3' at top skull near (Choti) 4 Incised wound 2' 1' 1' right side of near occipital protuberance. 5. Incised wound 4' 1/2' 2 1/2' in the root of neck in front about 2' above superior aperture of thorax wound is curved by blood clots cord. There is air buble where treaches and Oesophagus and blood vessels is also divided. 6. Oblique 'C' shaped incised wound 1 1/2' 1/2' 1' left little finger where meta -carpal bone also been dural: Internal

1. 'C' shaped division of both parietal bones crossing both side of sadital nature about 4' above the root of nose. Bone place separated. 2. Sickle shaped fracture of the right occipital bone near occipital protuberance of size 4' 1/2' 3. Parietal bone and occipital bones have been fractured.

In the opinion of Dr. Dooger, the cause of death of the victim was haemorrhage and shock due the injury No. 1 to vessels of neck and brain. The accused was arrested on May 4, 1978. In consequence of the information furnished by him whilst under arrest, an axe was recovered with a broken wooden handle in an uninhabitated Dhani. It was seized and sealed. The blood -stained clothes of the deceased were also seized and sealed. Various articles were sent for chemical examination. Human blood was detected on the clothes of the deceased -victim. Blood was also detected on the axe but its origin could not be ascertained. It transpired during investigation that in the evening preceding the day of occurrence, the accused had picked up quarrel with the victim's elder brother Bhoma Ram (PW 8). The accused at the time openly held out the threats that he would finish one of his brothers. On the completion of investigation, the police submitted a challan against the accused in the Court of Judicial Magistrate, Bkaner, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, IPC against the accused to which he pleaded not guilty. The defence taken by the accused was that of complete denial. In support of its case prosecution examined nine witnesses and filed some documents in defence, the accused examined one witness. On the conclusion of trial the learned Sessions Judge held the charge duly proved against the accused. The accused was consequently convicted and sentenced, as mentioned at the very out set. Aggrieved against his conviction, the accused has taken this appeal.

(3.)WE have heard the learned amicus curiae for the accused and the learned Public Prosecutor. We have also gone through the case file carefully.