1. First Additional Sessions Judge, Jammu, the trial Court, convicted appellant, Mohd. Yaqoob, under Section 302 of the Ranbir Penal Code on 1-05-2003 and sentenced him to suffer imprisonment for life and a fine of Rs.25,000/- (Rupees twenty five thousand) on 17.05.2003. He, accordingly, submitted his proceedings to this Court for confirmation under Section 374 of the Code of Criminal Procedure, Svt. 1989.

Appellant has filed Criminal Appeal No. 07/2003 against his conviction and sentence awarded by learned trial Court.

2. Facts, necessary for decision of the reference and the appellants appeal, may be summarized thus:

A reliable information was received by SHO, Police Station, Bishnah, on 27-01-1999 at 10.45 a.m. that an unidentified male dead body was found lying at the Poultry Farm of one Vijay Kumar. This information was recorded as report No. 6 in the Daily Diary Register of 27-01-1999 deputing Mr. Shiv Dev Singh, Sub-Inspector of Police, along with constables to the spot for appropriate proceedings. Mr. Shiv Dev Singh, on reaching the spot, found that the dead body was of Suram Singh, Chowkidar, working at the Poultry Farm, with injuries on his head and penis,