Honble SINGH, J.–This appeal has been filed u/Sec.374 Cr.P.C. by accused appellant Jagdish alias Tempu against the he judgment dated 13.7.1998 passed by Additional Sessions Judge No.1, Hanumangarh in Sessions Case No. 21/97(15/97) by which he has been convicted u/S. 302 IPC and sentenced to life imprisonment with a fine of Rs. 1000/- and in default to further undergo six months rigorous imprisonment.

(2). Charges against the accused appellant were that at about half past 3.00 P.M. on 23.9.1996 in village Rampuria under police station Tibi District Hanumangarh in his own residential house accused appellant Jagdish alias Tempu murdered his wife Sayara, his five years old son Salim and him 2-1/2 years old daughter Bala by burning them through kerosene oil.

(3). Accused appellant pleaded not guilty and claimed trial, therefore, prosecution examined 10 witnesses and exhibited 28 documents in support thereof. Accused appellant in statement given u/Sec. 313 Cr.P.C. denied all the incriminating evidence appearing against him and made a specific plea that on the day of occurrence he was not available at his house and has been roped in falsely. In defense Daya Kishan, Dharampal, Brijlal and Ba

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