JUDGMENT

Anil R. Dave, J. —

1) Being aggrieved by the Judgment of conviction rendered by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 253-DB of 2006 dated 1st February, 2008, this appeal has been filed by the convict. By virtue of impugned order, the appellant has been convicted for the offence under Section 302 of IPC and has been awarded sentence of imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo further rigorous imprisonment for six months. The order of conviction dated 3rd March, 2006, passed by the Sessions Judge, Ferozepur, in Sessions Case No.33 of 2001 has been confirmed.

2. The case of the prosecution in a nut-shell before the trial court was as under:

Sandeep Singh (who has been referred to hereinafter as ‘the deceased’) was a resident of village Chhibian Wali. He had lent a sum of Rs.5 lacs to Gurjinder Singh-the appellant and the said amount was not being returned by Gurninder Singh (hereinafter referred to as ‘the accused’).

On the night of 9th June, 2001, the deceased and the accused, along with Jasbir Singh (PW-4) were going to village Chhibian Wali in Maruti Car No. PB-4-E 6699 from Muktsar. The deceased was