Gopal Krishan Vyas, J. - (1.) The instant criminal appeal has been filed by the accused appellant Manak Singh s/o Pokar Singh under Sec. 374(2) of the Cr.P.C. against the judgment dated 24.3.2011 passed by the Sessions Judge, Churu in Sessions Case No. 26/2006 whereby the learned trial Court convicted the accused s appellant and passed the following sentence for the offences under Sec. 302, IPC: "Under Sec. 302 :' Life imprisonment with fine of Rs. 5,000/ - and in; default of payment of fine to further under to six months' SI." The accused appellant faced the trial in Sessions Case No. 26/2006 along with two other accused Sri Krishan @ Babloo and Raj Kumar @ Raju and participated in whole of therein but on 22.8.2010 when case was listed for final arguments his ball bond were forfeited due to his nonappearance and arrest warrant was issued. The Sessions Judge, Churu heard the final arguments of the case of accused Sri Kishan @ Babloo and Raj Kumar @ Raju and is passed an orde'r for deciding the case of present accused appellant separately.
(2.) The accused appellant Sri Kishan @ Babloo and Raju Kumar @ Raju were convicted vide judgment dated 11.11.2010 for offence under Ss. 302, 302, 120B and 460, IPC and passed punishment for life imprisonment against them. Thereafter, on 27.11.2010 the present appellant Manak Singh surrendered before the Trial Court and the learned Trial Court fixed the date for final hearing of the accused appellant also and after hearing arguments finally convicted the accused appellant also for offence under Sec. 302, IPC and passed the sentence for life imprisonment with fine of Rs. 5,000/ - and in default of payment of fine to further undergo six months SI.
(3.) In this appeal, the appellant is challenging the validity of the judgment dated 24.3.2011 passed against him by the Sessions Judge, Churu in Sessions Case No. 26/2006.;