N.M.Kasliwal, J. - (1.)This appeal by the accused Sardara is directed against the judgment of the learned Sessions Judge, Jaipur District, Jaipur, dated April 29, 1980, convicting him under Sections 302 and 380 Indian Penal Code and awarding a sentence of imprisonment for life for offence under Section 307 Indian Penal Code and two years rigorous imprisonment and a fine of Rs. 5001-, in default of payment of fine further rigorous imprisonment of three months under section 380 Indian Penal Code.
(2.)The entire case of the prosecution is based on circumstantial evidence. The accused appellant Sardara is the real son of deceased Murti Devi. Four circumstances mentioned below have been found established by the learned Sessions Judge: 1. that the accused had sold 6 bighas of land to Bhonraya Meena 4-5 years ago for a sum of Rs. 7,000/- which consisted of his own share alongwith the share of his mother, but he did not give the share to Mst. Murti Devi; ii. prior to the incident the accused had gone in the evening at the house of Mst. Murti Devi and was seen with her; iii. recovery of knife Article 7 at the instance of the accused; iv. the accused had sold utensils Articles I to 6 belonging to Mst. Murti Devi to witness Kalyan Singh PW 11 and the said utensils were got recovered at the instance of the accused.
(3.)We have heard Mr. Gupta, learned counsel for the accused-appellant and the learned Public Prosecutor at length and have thoroughly perused the record. In our view, the prosecution has failed to prove anyone of the above circumstances beyond reasonable doubt to connect the accused with the crime. We shall consider each one of the circumstances hereinafter.