1. - This Criminal Appeal was filed by the accusedappellant Mahaveer @ Liliya against the judgment dated 07.10.2005 passed by the Sessions Judge, Churu in Sessions Case No.01/2005 whereby that court had convicted and sentenced the accused-appellant Mahaveer @ Liliya as under:-

1. 302 IPC Life imprisonment with fine of Rs. 1000/-, in default of payment of fine to further undergo two months SI.

2. 4/25 Arms Act One year RI with fine of Rs. 1000/-, in default of payment of fine to further undergo two months RI.

2. The accused-appellant was in custody from 19.10.2004 to 07.10.2005. The benefit of section 428 Cr.PC had also been given by the trial court to the accused-appellant. It has been argued in this case that without any substantial evidence, the accused has been convicted by the trial court on the basis of surmises and conjectures and the prosecution story was full of doubts but the trial court has not given benefit of doubt to the accused. Learned Public Prosecutor has opposed the arguments of the Amicus curiae.

3. We have gone through the record. We have also perused the impugned judgment. The arguments of both the parties have been heard.

4. The charge sheet under section