Bansi Lal Bhat, J.—

1. This appeal has been preferred against judgment dated 23.07.1994 formulated by learned Sessions Judge Jammu in File No. 62/Sessions titled State Anil Singh by virtue whereof appellant Anil Singh (hereinafter referred to as accused) was convicted of offence u/s 302 R.P.C. and sentenced to life imprisonment plus fine of Rs. 1000/- (Rupees One Thousand) with three months simple imprisonment proposed in default of payment of fine. Confirmation Reference made by Learned Sessions Judge under the provisions of Section 374 Cr.P.C lias been clubbed with this appeal for hearing and consideration.

2. Facts germane to the disposal of this appeal and confirmation proceedings may briefly be noticed.

3. The informant Banarsi Dass, on 7th August 1991, reported at Police Station Gandhi Nagar laying information that on the same day in the evening his son Rajesh Gupta alias Bittu had left for his home situated at Shastri Nagar after closing down his business establishment while he himself had gone to enquire about the health of a relative admitted in Saddar Hospital, Jammu. When he reached Nai Basti at about quarter to 9 P.M., he came across his younger brother Ravinder Kumar who told him that his son Rajesh Gupta had been assaulted by the accused Anil Singh alias Babloo son of Sandal Singh resident of Shastri Nagar with a sharp edged weapon inflicting serious injuries upon his body. He further told the informant that PW Narinder Kumar has shifted the victim to Hospital in a Car. He immediately set out for the Hospital in the company of Ravinder Kumar. When they arrived at the Hospital, they found that the victim had succumbed to his injuries. This information emanating from informant Banarsi Dass led to recording of FIR No. 586/1991 and registration of case for offences under Section 302 RFC. The investigation was taken up by Sub-inspector R. K. Chalotra SHO Police Station Gandhi Nagar. He proceeded to the scene of offence, prepared site-plan, seized blood-stained as also plain clay from the place of occurrence and sealed the same. Fie rushed to the Hospital, seized the dead-body of deceased, prepared the seizure-memo and arranged for postmortem of the dead-body. Police also seized the blood-stained clothes of the deceased as also the sample of his blood provided by the Chief Medical Officer. He obtained the postmortem- examination report, got the seized items re-sealed before submitting the same to FSL for chemical examination. He also recorded the statements of the witnesses.

4. The investigation revealed that the deceased-Rajesh Gupta apprehended harm as the accused, who used to indulge in eve-teasing in the lane adjacent to his home, had threatened to eliminate him when he objected to the indecent acts on the part of the accused. It was found that due to the enmity the accused on finding an opportunity stabbed the deceased with a Kirch thereby inflicting injuries which proved fatal. The Kirch used as a weapon of offence was recovered at the instance of the accused who made a disclosure statement during investigation. After obtaining medical opinion, charge sheet was laid before the competent Court for judicial determination.

5. The record of Trial Court reveals that in terms of order dated 12.08.1992 charges for offences under Section 302 RFC and 4/27 of the Arms Act were framed against the accused-appellant, who pleaded not guilty and claimed to be tried.

6. Prosecution examined Banarsi Dass, Narender Kumar Gupta, Chaman Lal Gupta, Vijay Kumar, Rajhan Singh, Shesh Pal, Raman Kumar, Gulam Nabi Tehsildar Executive Magistrate, Mohd Shafiq Bhatt, Dr. S. D. Thakur, Inspector- Seva Singh and Ravinder Kumar Chalotra as witnesses. The accused-appellant has not produced any witness in defence.

7. Prosecution evidence is reproduced as follows :-

PW Banarsi Pass Gupta : is the father of deceased. He deposed that two days before occurrence accused-appellant had threatened to liquidate the deceased when he had objected to eve-teasing on

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