S.K. Sharma, J.-The appellant was indicted before the learned Additional Sessions Judge, No. 2, Kishangarh Bas District, Alwar in Sessions Case No. 162/1998 for having committed murder of Jhutar Mal. Learned Judge vide Judgment dated August 31, 2001 convicted and sentenced the appellant thus:-Under Section 302, IPC:

To suffer Imprisonment for life and fine of Rs. 2,000/-, in default to further suffer Three Years Rigorous Imprisonment. Under Section 506, IPC: To suffer Rigorous Imprisonment for Two Years and fine of Rs. 500/-, in default to further suffer Six Months Rigorous Imprisonment.

Under Section 201, IPC: To suffer Rigorous Imprisonment for Four Years and fine of Rs. 2,000/-, in default to further suffer One Year Rigorous Imprisonment. The substantive sentences were directed to run concurrently.

2. As per the prosecution story the informant Kamla Devi (PW. 1) wife of Jhuthar Mal (now deceased) submitted a written report at Police Station Mandawar on June 29, 1998 with the averments that on June 27, 1998 at around 9.00 p.m. her husband Jhuthar Mal soldier of Indian Army had come to his home on vacation and finding that the appellant (nephew of Jhuthar Mal) made assaul