VYAS, J. - (1.) DURING the course of arguments upon the application for suspension of sentence, both the parties submit that the appeal itself may be heard finally. Therefore, with the consent of the parties, the above criminal jail appeal is finally heard.
(2.) INSTANT criminal jail appeal was registered on the basis of appeal sent by the accused-appellant Bhanwar Singh s/o Vijay Singh from jail, who was sentenced to life imprisonment by the Addl. Sessions Judge (Fast Track) No.1, Bhilwara vide judgment dated 10.04.2009, whereby, in Criminal Case No.28/2008, the accused-appellant Bhanwar Singh was convicted for commission of offence under Section 302, I.P.C. and punishment of life imprisonment was awarded to him along with fine of Rs.10,000/- and, in default of payment of fine, to further undergo six months' rigorous imprisonment. As per facts of the case, an FIR was registered against the accused-appellant on 06.04.2008 at about 9.30 A.M. at Police Station Hamirgarh (District Bhilwara) on a written complaint made by complainant Shankar Lal, P.W.-
(3.) IN the written complaint filed by Shankar Lal it was specifically mentioned that on the last night after closing his hotel at about 10 ­ 10.15 P.M. he left the hotel for his house and, in his hotel, his workers Harish Kumar Bhadu, Babu Lal and Dharam Raj were sleeping. In the morning of 06.04.2008 when he (complainant Shankar Lal) reached his hotel he was informed by his employees that Bhanwar Singh Chowkidar (accused-appellant) came there in the night with deceased Nand Ram Gurjar and, at that time, he was beating Nand Ram Gurjar with hands and legs and while so beating the deceased Bhanwar Singh took Nand Ram Gurjar behind the hotel. In the morning, they found Nand Ram Gurjar lying dead. The complainant made a phone call to the concerned police station and reported the incident that accused Bhanwar Singh assaulted deceased Nand Ram Gurjar and due to beating Nand Ram died.;