Honble SHARMA, J.–The appellant was indicted before the learned Additional Sessions Judge, No. 2, Kishangarh Bas District Alwar in Sessions Case No. 162/1998 for having committed murder of Jhutar Mal. Learned Judge vide judgment dated August 31, 2001 convicted and sentenced the appellant thus:-

U/s. 302 IPC:

To suffer Imprisonment for life and fine of Rs. 2000/-, in default to further suffer Three Years Rigorous Imprisonment.

U/s. 506 IPC:

To suffer Rigorous Imprisonment for Two Years and fine of Rs. 500/-, in default to further suffer Six Months Rigorous Imprisonment.

U/s. 201 IPC:

To suffer Rigorous Imprisonment for Four Years and fine of Rs. 2000/-, in default to further suffer One Year Rigorous Imprisonment.

The substantive sentences were directed to run concurrently.

(2). As per the prosecution story the informant Kamla Devi (PW.1) wife of Jhuthar Mal (now deceased) submitted a written report at Police Station Mandawar on June 29, 1998 with the averments that on June 27, 1998 at around 9.00 PM her husband Jhuthar Mal soldier of Indian Army had come to his home on vacation and finding that the appellant (nephew of Jhuthar Mal) made assault on his own father, Jhuthar Mal reprimanded the

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