JUDGMENT

PRAFULLA C. PANT, J.

1. This appeal is directed against judgment and order dated 24.5.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 827-DB of 2002 whereby conviction and sentence recorded by the Additional Sessions Judge (FTC), Sonepat against the appellant under Section 302 of Indian Penal Code (IPC) has been affirmed.

2. We have heard learned counsel for the parties and perused the record.

3. Prosecution story, in brief, is that PW-9 Raj Singh, resident of Village Hassanpur, had three brothers. Raj Pal @ Pale (deceased) was younger to him. All the four brothers used to live separately. On 11.1.2000, Raj Singh had gone to Sonepat with his brother Raj Pal for some personal work. Raj Singh got held up in Sonepat, and Raj Pal left for the Village. Later, he (Raj Singh) also proceeded from Sonepat. At about 10.00 p.m., when Raj Singh on his way to Village Hassanpur, alighted from three-wheeler, at G.T. Road crossing, he noticed Sanjeev @ Gaja (appellant) with blood stained clothes fleeing from the side of Government tubewell towards Murthal bus stand. He (Raj Singh) could identify Sanjeev in the headlights of the vehicles, but did not have an idea