Honble BANSAL, J.–Appellant Manoj was indicated by learned Session Judge, Ajmer in Sessions Case No. 64/98 for having committed murder of Sandeep Sinha. The appellant has been convicted under Section 302 IPC vide judgment dated January 6, 2001 and sentenced to suffer imprisonment for life and a fine of Rs. 2,000/- and in default of payment of fine to further undergo rigorous imprisonment for three months. Against this judgment of conviction and sentence, the prevent action for filing the appeal has been resorted to by the appellant.

(2). Briefly stated the prosecution case is that PW4 Jorawar Singh Rathore S/o Bheru Singh Rathore, R/o-House No. 342/2. Krishna Colony, Ganj, Ajmer submitted a written report Ex.P3 to SHO. P.S. Ganj, Ajmer at 8.20 p.m. on 9.1.98 with the averments that Sandeep Sinha S/o Kapil Dev is residing in his house as tenant. Today at 7.15 p.m. his neighbour Manoj S/o Bansilal Yadav came at his house and he called Sandeep out of the house. For some time hot words were exchanged between them. Suddenly Manoj lifted a scissor which was lying there and inflicted injury on the testicles of Sandeep. Thereafter he and other residents of his locality took Sandeep to the h

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