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

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