Honble SHARMA, J.–So close was the trap to the nest that Kalu Ram was caught unaware and done to death. Lala Ram @ Jitendra, appellant herein, and his brother Chhote Lal were indicted for committing murder of Lala Ram before learned Additional Sessions Judge (Fast Track) Alwar, who vide judgment dated February 26, 2003 did not find the charge against Chhote Lal established and acquitted him. The appellant was however convicted and sentenced as under:-

U/s.302 IPC:

To suffer life imprisonment and fine of Rs.5000/-, in default to further suffer rigorous imprisonment for one year.

U/s.3/25 Arms Act:

To suffer rigorous imprisonment for three years and fine of Rs.1000/-, in default to further suffer rigorous imprisonment for three months.

Substantive sentences were ordered to run concurrently.

(2). The synopsis of the prosecution case can be narrated as follows:-

On December 19, 2001 around 2.30 PM while Kalu Ram (deceased) was at his home and his wife Suman was about to serve him lunch, Lala Ram (appellant) came on a motor cycle and persuaded Kalu Ram to immediately accompany him since there was some emergency. Kalu Ram leaving served food on the plate, accompanied Lala Ram. After a short whi

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