- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of the Rajasthan High Court at Jodhpur. By the impugned judgment the High Court upheld the judgment of Learned Additional Sessions Judge, Bhilwara holding the appellant guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentencing him to undergo imprisonment for life.
(3.) Prosecution version as unfolded during trial is essentially as follows: First information report (in short the 'FIR') was lodged by Duda Ram (PW-5) on 15.11.2001. According to the FIR, the informant was a Chowkidar for Chirag Travel Agency. At about 12 midnight, he saw a body on the railway overbridge. A bearded man was pelting stones, he closed the doors of the office and went inside. After sometime, when he opened the door, he saw that there was a dead body lying. Seeing this, a report was lodged with Police Station Pratap Nagar, Bhilwara where a Case No. 501/2001 was registered. Recovery was made of the knife on the basis of disclosure made by the accused. After registration of the case, investigation was conducted and after investigation, charge sheet was filed against the accused. The case was committed to the trial court. The trial court framed the charges against the accused persons for offence punishable under Section 302 IPC. The accused denied the charge and claimed trial.;