Govind Mathur, J. - (1.) To question the conviction recorded for the offence punishable under Section 302 Indian Penal Code and the sentence awarded for life term with fine under the judgment and order dated 15.12.2005 by learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur, this appeal is preferred.
(2.) The facts of the case as unfolded in the trial are that on 4.12.2004 a written report Ex.P-12 was submitted by one Shri Moti Singh to the Station House Officer, Police Station Shastri Nagar, Jodhpur, with assertion that he received an information from Shri Maan Singh, Assistant Sub Inspector and Shri Babu Singh, Sub Inspector, Rural Police Lines, Jodhpur about killing of his brother-in-law Shri Bhanwar Singh at Jaljog Circle. On basis of the injuries available on the corpus of Bhanwar Singh the informant apprehended commission of his murder.
(3.) Acting upon the information received, a case was registered and after regular investigation the accused appellant was charge-sheeted before the competent Court. After committal of the case to the Court of Sessions, a charge for commission of an offence punishable under Section 302 Indian Penal Code was framed and on denial of the same trial commenced. The prosecution supported its case with the aid of 15 witnesses, by exhibiting 51 documents and two articles. An opportunity was given to the accused appellant to explain the adverse circumstances available in the prosecution evidence. Though the three persons cited as eye-witnesses by the prosecution did not support the prosecution story, the trial Court on basis of the circumstantial evidence available held the accused appellant guilty for the charge settled.;