(1.) The instant cr. appeal under Section 374 Cr.P.C. has been filed by the accused appellant Ravji S/o Onkar against the judgment dated 6.1.2006 passed by the learned Sessions Judge (Fast Track), Banswara in Sessions Case No.64/2005 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment alongwith fine of Rs.1000/- and in default of payment of fine to further undergo 3 months RI and for offence under Section 397 IPC passed sentence for 7 years SI and under Section 449 IPC sentence for 5 years SI and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo three months SI.
(2.) As per the facts of the case on 25.2.2005 the complainant Magan Lal PW-15 submitted a first information report to the SHO, Police Station, Lohariya, District Banswara stating therein that they are two brothers and his younger brother Mitha Lal is living separately and his mother aged about 80 years is also living in their parental house.
(3.) The younger brother was providing meal to his mother Kesar. The son of Mitha lal; Gajendra used to sleep in his mother's house with his grandmother.