Honble SHARMA, J.–The appellant (hereinafter described as `accused) was placed on trial before the learned Special Judge (Sati Nivaran) Rajasthan and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No. 79/1997. Learned Judge vide judgment dated September 26, 2000 convicted and sentenced the accused for the offence under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 10,000/-. in default to further suffer Rigorous Imprisonment for One Year.

(2). Put briefly the prosecution case is that the informant Mohd. Shafiq @ Babu (PW.6) submitted a written report at 7.00 PM of February 28, 1996 at the Police Station Ramganj, Jaipur with the averments that around 5 PM on the said day when he was standing near Nagina Mandi, Irshad, Ashfaq and Guddu suddenly caught hold of Siraj (now deceased) and Dilshad inflicted blow on the left armpit of Siraj. The police station Ramganj Jaipur registered a case for the offences under sections 307, 341 and 34 IPC and investigation commenced. Injury sustained by Siraj got examined, which was described in the injury report (Ex.P-10) as under:-

``Stab Incised wound of size 3 x 1cm x depth? Placed at Lt. side lower part of chest at

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