Judgment :-

JagdishSingh Khehar, J.

1. Consequent upon an intimation to the police, by Dr. B.M. Gupta (PW5), Senior Medical Officer, Community Health Centre, Indora (hereinafter referred to as the CHC, Indora); the statement of Nek Ram, (PW1) was recorded at the CHC, Indora, on 29.7.2000; leading to the registration of First Information Report bearing no.123 of 2000 under Section 302 of the Indian Penal Code, 1860, at Police Station, Indora. The aforesaid statement was recorded by ASI Shiv Kanya (PW12). In his statement, Nek Ram (PW1) asserted that there was a ‘bhandara’ (feast for devotees, during a Hindu ceremonial congregation) following a ‘yagya’ (Hindu ritual ceremony) at the residence of Kishan Singh (PW2) at village Khanda Saniyal on 29.7.2000. Nek Ram (PW1) disclosed, that he along with his brother Sardari Lal (since deceased) had been invited to the ‘bhandara’ and were present at the residence of Kishan Singh (PW2). The complainant Nek Ram (PW1) affirmed, that he was helping in serving food at the ‘bhandara’. Whilst he was in the kitchen at about 9.30 p.m., he (Nek Ram, PW1) was informed by his nephew Sohan (PW3) and Shamsher Singh (PW8) that the accused-appellant Som Raj al