JUDGMENT 1. - This appeal is preferred to challenge the judgment dated 29.6.2004 passed by learned Additional Sessions Judge No.2, Banswara, convicting the accused appellant for the offences punishable under Sections 302 and 394 Indian Penal Code. Learned trial court sentenced the accused appellant for life term imprisonment with a fine of Rs. 1000/- and further to undergo six months simple imprisonment in the event of default in payment of fine for the conviction made under Section 302 Indian Penal Code. A sentence of ten years rigorous imprisonment with a fine of Rs. 500/- is awarded against the offence punishable under Section 394 Indian Penal Code. 2. The factual matrix necessary to be noticed is that on 20.12.2003 at about 07:30 AM one Shri Nathu son of Jeevna orally informed at police station Abapura that in the night of 19.12.2003 his niece Miss Kali daughter of Hokia and mother Smt. Vaji were sleeping at their house in a room with younger brother Vikas and sister Sansar. On hearing cry of younger brother and sister she awoke and did not find her parents in room. Kali then went to the residence of Vagji, her elder brother who too was not present at his house. She then made a search of her father and mother with Smt. Kati wife of Devji. During search they found dead body of Hokia lying on a path way. On making alarm Vagji also came to the place of occurrence and with the light of torch a sharp injury was noticed on the head and neck of Hokia. Dead body of Smt. Vaji was also found at nearby place. Her ornaments like 'sankli', 'hansli', 'kadla' etc. were missing. 3. On basis of the information aforesaid, a case was registered and after regular investigation a charge sheet was filed before the competent court. The case then was committed to the court of Sessions and charges were framed against the present accused appellant for the offences punishable under Sections 302 and 394 Indian Penal Code. On denial of the same trial commenced. During the course of trial the prosecution supported its case with the aid of 16 witnesses. An opportunity was accorded to the accused appellant to explain the circumstances existing against him in the prosecution evidence. 4. On denial of the same trial commenced. During the course of trial the prosecution supported its case with the aid of 16 witnesses. An opportunity was accorded to the accused appellant to explain the circumstances existing against him in the prosecution evidence. 4. The trial court while convicting the accused appellant mainly relied upon the statements of PW-3 Miss Kali, PW-7 Smt. Kati and the recoveries made at the instance of the accused appellant. 5. Looking to the fact that instant one is jail appeal, this Court appointed Shri Deepak Menaria as Amicus Curiae, who after going through the entire record consented to argue the matter today itself. It is submitted by learned Amicus Curiae that PW-3 Miss Kali was produced before the court as an eye witness but in the first information report PW-1 Nathu never disclosed that Kali ever saw the incident. As such, the story of the prosecution appears to be an after thought. 6. While opposing the argument aforesaid the submission of learned Public Prosecutor is that the trial court thoroughly examined the evidence adduced by PW-3 Miss Kali which is adequately corroborated by PW-7 Smt. Kati. The case of the prosecution is further substantiated by recovery of weapon of offence and other articles including ornaments of deceased Vaji. As such, the trial court did not commit any wrong while arriving at the conclusion pertaining to guilt of the accused appellant. 7. Heard learned Amicus Curiae and the learned Public Prosecutor. 8. So far as homicidal death of Vaji and Hokia is concerned, that is not at all in dispute. 9. PW-1 Nathulal on 29.6.2004 orally informed about killing of Hokia and his wife Vaji. An apprehension of involvement of the present accused who is son of deceased Hokia and Vaji was made. His real sister Miss Kali (PW-3) in quite definite terms stated that on the day of occurrence at about 10:00 PM he heard crying of Vikas and Sansar and then went out in search of her parents. She saw that Vagji gave a sword blow to Hokia on being asked for late coming to home. She further stated that that she immediately informed the entire incident to her sister-in-law Smt. Kati (PW-7). This witness further stated that her brother Vagji killed his mother also for availing her ornaments. The evidence adduced by Kali (PW-3) is corroborated by PW-7 Smt. Kati. She further stated that that she immediately informed the entire incident to her sister-in-law Smt. Kati (PW-7). This witness further stated that her brother Vagji killed his mother also for availing her ornaments. The evidence adduced by Kali (PW-3) is corroborated by PW-7 Smt. Kati. This witness narrated all the facts conveyed to her by Kali. Beside the above, at the instance of accused appellant a blood stained sword was recovered and in serological examination the blood stains available on the sword matched with the blood group of deceased Hokia. On basis of the information given by accused several ornaments were also recovered during the investigation and those were identified by Smt. Kati and Kali. There is no doubt about truthfulness of the recoveries made at the instance of the accused. We also do not find any reason to disbelieve the statements given by Kali (PW-3) who is real sister of accused, Smt. Kati (PW-7) who is real sister-in-law of accused and PW-1 Nathulal who is real uncle of the accused. On appreciation of the evidence available, we do not find any wrong with the conclusions arrived by the trial court. The conviction of the accused appellant for commission of offences punishable under Sections 302 and 394 Indian Penal Code, thus, is justified. 10. The appeal, for the reasons given above, is having no merit, hence dismissed.Appeal dismissed. *******