Honble SHARMA, J.–Irshad @ Risal, the appellant herein, has impugned the judgment dated January 30, 2002 of the learned Additional Sessions Judge Kishangarh (Ajmer), whereby the appellant was convicted and sentenced under Section 302 IPC to suffer imprisonment for life and fine of Rs. 2,000/-, in default to further rigorous imprisonment for one year.

(2). It is the prosecution case that the appellant personated himself as Rajendra Singh and came to the house of Rupendra Singh (since deceased). Rupendra Singh believed that Rajendra Singh was the brother of his wife Rajesh Kanwar and took him on scooter to the house of his cousin brother Prahlad Singh. Appellant pretended to go to Jammu but on the pretext of stomach pain he remained in the house of Prahlad Singh and thereafter went to Bus-stand. In the Bus-stand around 4.15 AM the appellant forced Rupendra Singh to go to Marble factory in search of his wrist watch. Rupendra Singh and the appellant together left the bus- stand on scooter and after about three hours dead body of Rupendra Singh was found lying near the small bridge of R.K. Road. Prahlad Singh lodged written report on May 17, 1999 at Police Station Madanganj where case un

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