JUDGMENT :

VIKRAM NATH, J.

1. This appeal is directed against the judgment and order of the Punjab and Haryana High Court dated 29.10.2009 whereby the appeal filed by the appellant was dismissed, confirming the judgment of the Sessions Judge, Bathinda dated 08.04.2005 convicting the appellant under Section 302 of Indian Penal Code 1860¹ [in short “IPC”] and sentencing him to undergo rigorous imprisonment for life and pay a fine of Rs. 1,000/- in default of payment of fine, to further undergo rigorous imprisonment for three months.

2. The prosecution story begins with the lodging of the First Information Report by Joginder Singh (PW-1 husband of the deceased) at Police Station Kotwali, District Bathinda on 18th September, 2000 at 7 P.M. According to the complainant, his son Gursharan Singh in the morning at around 07.45 a.m. brought 1 kg of milk from the house of Rajbir Singh (appellant) who used to reside in the neighbourhood and was carrying on business of dairy farm and selling milk with the help of his wife Sheela. The appellant was known to the complainant being resident of the neighbourhood.

To help the appellant purchase buffaloes and for domestic needs, he had borrowed Rs. 1 lak