Honble MATHUR, J.–This Murder Reference has been made by the learned Additional Sessions Judge, Raisinghnagar, by the judgment dated 14.12.99 in Sessions Case No. 41/1998 for confirmation of death sentence awarded to the accused Rakesh. The learned Sessions Judge convicted the appellant of the offence under Section 302 IPC on the charge of committing the murder of his elder brother Ramesh in the intervening night of 17th and 18.04.1998, being proved. Accused has also preferred an appeal from jail challenging the conviction and sentence awarded to him by the trial court. Accused Rakesh is being represented by learned counsel Mr. J.S. Choudhary. The Murder Reference and the Appeal are decided by common judgment.

PROSECUTION CASE:

(2). The prosecution case in brief is that on 18.4.98 at 12.45 A.M., P.W. 3 Baldev submitted an F.I.R. Ex.P.17 at the Police Station, Raisinghnagar, stating inter-alia that they are five brothers and they are living separately. The wife of elder brother Krishna died about eighteen years back. He brought second wife and for last two years, he is residing at Loonkaransar. He has got two sons namely Ramesh and Rakesh. They are living in the village Likhmewala. Th

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