JUDGMENT :

Pankaj Bhandari, J.

1. Accused-appellant has preferred this Criminal (Jail) Appeal aggrieved by Judgment and sentence dated 27.07.2012 passed by Additional Sessions Judge, Jhunjhunu, Camp, Chirawa vide which appellant has been convicted for offence under Section 302 IPC and has been sentenced to life imprisonment and fine of Rs.1,000/- and on non-payment of fine, to further undergo three months simple imprisonment.

2. Succinctly stated the facts of the case are that on 27.02.2009, Rajendra who was undergoing treatment at CMC Hospital, Hisar gave parchabayan (Ex.P-5), wherein it was mentioned that on 26.02.2009 at 04:00 pm, Monika, D/o Purshottam came at his residence to call him at their house. He went to her house, where he was offered liquor by one Pashan Nayak and after consuming liquor, he returned home. Thereafter, he felt uneasy and became unconscious. He has also mentioned in the parchabayan that sum of Rs.28,000/- was due towards sisterin-law of the appellant and Rs.8,000/- towards appellant. On the basis of above parchabayan, Police registered FIR No.56/2009 (Ex.P-6) under Section 328 IPC. During investigation, Rajendra expired on 28.02.2009, where upon Section 302