BHANDARI, J.—These two appeals arise out of the judgment of the Additional Sessions Judge No. 1, Jodhpur dt. 30th of August 1962, convicting Gangaram under sec. 302 I. P.C. and sentencing him to undergo imprisonment for life. Cr. Appeal No. 544 of 1962 is a Jail Appeal while Criminal Appeal No. 580 of 1962 is the represented appeal. Both these appeals are disposed of by this judgment.

2. Gangaram has been convicted for having throttled Tej Raj to death on the morning of 10th of January, 1962. Tej Raj deceased was a Mahajan of the town of Pipar and had dealings with Gangaram who belonged to village Jalka which is very near the town of Pipar. On the morning at about 9.00 A. M. Tej Raj had gone to village Jalka to make a demand from Gangaram of the money for which the latter stood indebted to the former. It is alleged by the prosecution that some altercations took place between the two and then Gangaram caught hold of Tej Raj by the neck and throttled him to death. Gangaram himself went to the Police Station Bilara which is about 17 miles from village Jalka and submitted a report on the 10th of January, 1962 at 6 P. M. that Tej Raj had come to him on the morning of that date at about 9

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