JUDGMENT :

Sanjeev Kumar, J.

This appeal by the appellant [‘the accused’] is directed against the judgment of conviction dated 11.08.2012 and order of sentence dated 13.08.2012 passed in File No. 233/Sessions by the learned 2nd Additional Sessions Judge, Jammu [“the trial Court”], whereby the accused has been convicted for offence punishable under Section 302 RPC and sentenced to imprisonment for life and fine of Rs. 4000/-. The order of sentence further provides that in case of default in payment of fine, the accused shall further undergo rigorous imprisonment for five months.

2. The impugned judgment of conviction and order of sentence are assailed by the accused on the ground that there has been total misappreciation of facts and misapplication of law. The trial Court has completely over looked and, in fact, has missed the gravamen of the charge and has convicted the accused without there being any eye witness to the occurrence. It is contended that the trial Court has failed to appreciate that the evidence on record was not sufficient enough to prove the charge against the accused beyond reasonable doubt.

3. The principal contention urged on behalf of the accused is that, as per