SANDEEP MEHTA,J. - (1.) The instant criminal appeal under Section 374(2) Cr.P.C. has been preferred by the accused-appellant Dildar @ Kalu @ Romeo being aggrieved of the judgment dated 27.04.2016 passed by the learned Sessions Judge, Metropolitan Jodhpur in Sessions Case No. 198/11 (N.C.V. No. 406/11), whereby the learned trial Judge convicted him for the offence under Section 302 IPC and sentenced him to life imprisonment with fine of Rs.2,000/- and in default of payment of fine to further undergo 01 month's Simple Imprisonment.
(2.) Since the counsel representing the appellant pleaded no instructions, we summoned the convict from the prison and thereafter, appointed Shri Deepak Menaria, Advocate, to represent the appellant as Amicus Curiae under the Free Legal Aid Scheme.
(3.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow: The complainant - Zakir Khan (PW-1) lodged a Written Report (Ex.P/1) with the SHO, P.S. Pratap Nagar, Jodhpur on 01.09.2011 alleging inter alia that he, along with Mohd. Sadiq, Mohd. Sabir, Mohd. Irfan and Imran went to watch movie Bodyguard at the New Kohinoor Cinema. The show ended at 10:30 p.m. Thereafter, while they were standing outside the cinema hall to go back to their respective homes, Imran requested the informant to drop him off at his house as he had some threat perception and also did not have any means of transportation. While Imran was saying so, Kalu @ Dildar @ Romeo came around with a knife in his hand and threatened that he will kill him and in presence of all the witnesses, the accused inflicted 3-4 knife blows on the chest and abdomen of Imran. Before the witnesses could do anything to save Imran, the accused ran away. The witnesses lifted and boarded the injured Imran on their motor cycle and took him to M.D.M hospital where he expired while undergoing treatment. This report came to be submitted by the informant Zakir Khan to the SHO, Pratap Nagar, Jodhpur at 11:50 pm, at MDM hospital, Jodhpur. On the basis whereof, an FIR No.374/2011 was registered at Pratap Nagar Police Station for the offence under Section 302 IPC. ;