JUDGMENT

R.K. Agrawal, J.

1) This appeal has been filed against the judgment and order dated 03.09.2008 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur in Criminal Appeal No. 1071 of 2002 whereby the High Court dismissed the petition filed by the appellant herein.

2) Brief facts:

(a) On 19.03.1998, a First Information Report (FIR) being No. 136 of 1998 was filed by one Shri Ram Babu stating that when he was present in his juice shop, which is situated in his house at Ketan Darwaja, Bharatpur, Pankaj-the appellant herein, along with three other persons, visited that place and ordered 4 (four) glasses of juice. At the relevant time, Raj Kumar (since deceased), elder brother of Ram Babu, came at the shop from the house who was called inside the shop by Pankaj-the appellant herein. It is the case of the prosecution that Pankaj used to come to the abovesaid juice shop and used to consume juice without paying for the same and when this matter was informed to the uncle of the appellant-accused by Raj Kumar, he developed a grudge against him.

(b) As