1. - During the course of arguments upon the application for suspension of sentence, both tire parties submit that the appeal itself may be heard finally. Therefore, with the consent of the parties, the above criminal jail appeal is finally heard.

2. Instant criminal jail appeal was registered on the basis of appeal sent by them accused-appellant Bhanwar Singh S/o Vijay Singh from jail, who was sentenced to life imprisonment by the Addl. sessions Judge (hast track) No. 1, Bhilwara vide judgment dated 10.4.2009, whereby, in Criminal Case No. 28/2008, the accused-appellant Bhanwar Singh was convicted for commission of offence under Section 302, I.P.C. and punishment of life imprisonment was awarded to him along with fine of 10,000/- and, in default of payment of fine, to further undergo six months rigorous imprisonment.

3. As per facts of the case, an F.I.R. was registered against the accused-appellant on 6.4.2008 at about 9.30 A.M. at Police Station Hamirgarh (District Bhilwara) on a written complaint made by complainant Shankar Lal, PW-4. In the written complaint filed by Shankar Lal it was specifically mentioned that on the last night after closing his hotel at about 10-10.