SANDEEP MEHTA,J. - (1.) The instant matter is listed before this Division Bench in the special category of cases to be heard in vacations under the directions issued by Hon'ble the Chief Justice of India in an endeavour to reduce the arrears of pending appeals wherein the accused are in jail.
(2.) Though this Court had appointed an amicus curiae to represent the appellant however, he has failed to appear to argue the matter. Considering the fact that the appellant is in custody, we considered it fit to hear the appeal with the assistance of the learned Public Prosecutor.
(3.) The instant appeal was forwarded by the appellant convict Binder Singh from jail, being aggrieved by the judgment dated 19.05.2017 passed by the Additional Sessions Judge, Jaisalmer in Sessions Case No.02/2016 (28/2016) convicting and sentencing the appellant as below: (i) Offence under Section 302 IPC- Imprisonment for life and a fine of Rs. 10,000/- in default of payment of fine, 6 months' additional imprisonment. Facts relevant and essential for deciding the appeal are noted herein below:;