JUDGMENT :

R. BANUMATHI, J.

Delay condoned. Leave granted.

2. This appeal is directed against the judgment dated 9.11.2011 passed by the Jodhpur Bench of Rajasthan High Court in D.B. Crl. Appeal No. 950/2004 by which the High Court has confirmed conviction of the appellant under Sections 302 and 309 IPC and the sentence imposed upon him.

3. Briefly stated, the case of the prosecution is that Nathi, sister of PW-3 Naresh Salvi, got married to Magan Salvi. About two years prior to the incident, due to differences with her husband, Nathi left her matrimonial house and she was residing at her parents’ house, Mauza Basti, District Udaipur. While staying at her parents’ house, Mauza Basti, Nathi developed intimacy with Narendra-the accused. About three months prior to the incident, Nathi and the accused eloped and returned to the village after 10-15 days. On 19.03.2003, the parents of the deceased and the complainant went for work. PW-3 was also not at home and he was participating in some events pertaining to Holi festival and Nathi was all alone at home. At about 2.30 p.m., on returning home, PW-3 found the main gate closed, and despite calling, the gate was not opened from inside