SHRIMAL, J.—This appeal has been directed against the judgment dated Nove-mber 26, 1974 of the learned Additional Sessions Judge No. 2, Jodhpur whereby the accused-appellant Babulal, son of Moolchand Sadh was convicted for the murder of Babulal, son of Chhotu Ram Harijan, under section 302 I. P. G. and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- and in default of payment of which he was to undergo rigorous imprisonment for a further period of one year.

2. The prosecution story in a nutshell is that on April 27, 1974 between 4.30 p.m. to 5 30 p.m. Babulal Harijan (since deceased) had gone to the hotel owned and managed by the brother of the accused. At that time the author of the first information report P.W. 6 Kamal happened to come on the shop to take tea. The accused asked Babulal Harijan (since deceased) why he was not being seen near the hotel in those days. He replied that he had not gone anywhere cut of Jodhpur, whereupon the accused further enquired, what made him to bully the hotel boys. The deceased protested and denied the allegations which annoyed the accused, who in turn told that he would make him forget his "Dadagiri" (scoundrelism). Uttering th

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