1. - The judgment impugned in this appeal is dated 20.3.2010 passed by learned Additional Sessions Judge (Fast Track) No.3, Hanumangarh recording conviction of the accused appellant for the offences punishable under Sections 302 and 323 Indian Penal Code and sentencing as under:-

Under Section 302 I.P.C. - Life term imprisonment with a fine of Rs. 2000/- and in default of payment of fine further to undergo six months simple imprisonment.

Under Section 323 I.P.C. - Three years' simple imprisonment with a fine of Rs. 200/- and in default of payment of fine further to undergo seven days' simple imprisonment.

2. The facts necessary to be noticed for adjudication of the appeal are that the Station House Officer, Police Station Hanumangarh on 18.10.2008 at 02:50 AM reduced in writing the statement made by Shankarlal (PW- 1) and on basis of that lodged a criminal case for commission of the offences punishable under Sections 302 and 323 Indian Penal Code against accused appellant Shankardas. As per the statement that was reduced in writing, Shankarlal used to visit Baba Chhotunath from last about two years. On 17.10.2008 he came to the place of Baba Chhotunath at about 05:30 PM. Baba