K.C.SHARMA. J. - (1.) The above titled appeal by appellant Salim Khan arises out of the judgment and order dated 25-9-98 passed by the learned Additional Sessions Judge, Bandikui, district Dausa, whereby the learned Judge has convicted the appellant for offence under Section 302, IPC and sentenced him to undergo life imprisonment with a fine of Rs. 1000/- in default of payment of fine, to further undergo imprisonment for 3 months.
(2.) On 19-3-92 PW-7 Sitya Ram lodged a written report, Ex. F4 at police station, Todabheem alleging therein that on 15-3-92 appellant Saleem took away wood from the house of his brother Ram Khilari. On the next day i.e. on 16-3-92 some altercation took place in between his brother and accused Saleem Thereafter, at about 6-7 PM Saleem called his brother and took him to his house, where Saleem, his wife Jabeena and mother Batto belaboured his brother with lathis and caused injuries on his head. The complainant then alleged that they took Ram Khilari to the hospital at Jaipur for treatment In the course of treatment, Ram Khilari passed away on 18-3 92
(3.) On the basis of aforesaid written report, the police registered a case for offence under Sections 302, IPC and Sec 3 SC/ST Act vide FIR Ex P. 5 and proceeded with the investigation. The police got conducted autopsy on the dead body and arrested the accused. On the information and at the instance of appellant, the police recovered a flail (Moosal).;