Honble S.K. SHARMA, J.–The appellant was accused on the file of learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge, Jaipur City Jaipur bearing Sessions Case No. 40/1998. Learned Special Judge vide judgment dated May 12, 2000 convicted and sentenced the appellant as under:-

U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 5 000/-, in default to further suffer four Months Rigorous Imprisonment.

U/s. 201 IPC: To suffer Rigorous Imprisonment for two years and fine of Rs. 1 000/-, in default to further suffer one Month Rigorous Imprisonment.

Substantial sentences were directed to run concurrently.

(2). The prosecution story runs as under:-

On August 27, 1997 around 2.00 am the informant Ram Singh (PW. 5) submitted a written report at Police Station Vaishali Nagar, Jaipur with the averments that in the morning of preceding day while the informant and Raj Kumar (now deceased) were having break fast in the house of Bhanwar Lal Godara (appellant), they were invited by the appellant to enjoy dinner with him in his house in the evening Around 7.00 PM the informant and Raj Kumar went on motor cycle to the house of the appellant to attend dinner party. Around 9

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