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 appellant who in turn issued a threat to liquidate Jhuthar Mal. On the fateful day, at around 10.00 PM when Jhuthar Mal had gone out side the house to urinate, the appellant dealt blows with a knife on the chest and stomach of Jhuthar Mal who raised an alarm, responding to which, the informant and her sisters daughter Tara came rushing out of the house and saw Jhuthar Mal lying on the ground. The appellant on seeing both of them went inside his house. While going inside he stated that he had done his job and they can now take care of the deceased. A crowd gathered from the near vicinity and finding that the deceased was still alive, he was taken to the Hospital in Kalu Rams jeep. When the informant made an attempt to alight in the jeep Rajendra Vakil and Ramotar prevented her on the pretext that what she would do and that they all would take care of her husband. The informant did not know as to where her injured husband was kept throughout the night. In the morning, her husband was brought back to his house and she was told that her husband had died. She thereafter became unconscious. On regaining consciousness, she learnt that her husbands cremation was already over at the instance of all these persons in order to destroy the evidence. When she was about to leave to the Police Station to report the matter, appellant issued a threat to her life. Subsequently, when her relations came to see her, she lodged the report. On the basis of the said report, Police Station Mandawar, registered a case for offences under Sections 302 and 201 IPC and investigation commenced. On completion of investigation charge sheet was filed. In due course, the case came up for trial before the learned Additional Sessions Judge No. 2 Kishangarh Bas, District Alwar. Charges for offences under Sections 302, 202 and 201 IPC were framed against the appellant who denied the charges and claimed trial. The prosecution in support of his case examined as many as 13 witnesses. In the explanation recorded under Section 313 Cr.P.C. The appellant claimed innocence and pleaded that he was implicated falsely. In defence no witness was however examined. On hearing the final submissions, the learned trial judge, convicted and sentenced the appellant as indicated above.

(3). Mr. Bishnoi, learned counsel for the appellant vehemently canvassed that there is no evidence on record to connect the appellant with the crime. The FIR was lodged with an inordinate delay of three days which caused a shadow of doubt on the credibility of the prosecution case. Since, there is no eye witness of the occurrence, the appellant could not have been convicted and sentenced. Alleged recovery of katar was not effected from the exclusive possession of the appellant and in absence of FSL Report about the blood found

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