JUDGMENT :

N.S. SHEKHAWAT, J.

1. By way of the instant appeal, the appellant has assailed the legality of the impugned judgment and order 09.10.2004 passed by the Sessions Judge, Ambala, whereby the appellant was convicted for commission of offence under Section 302 IPC and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- along with stipulated condition.

2. As per the report under Section 173 Cr.P.C., the FIR Ex.PL/2 was registered against the appellant on the basis of the statement Ex.PL made by the complainant, namely, Hem Raj son of Ram Kishan and the same has been reproduced below:-

“....I am resident of aforesaid address and run a Dhaba on Trilokpur Road in front of Ruchira Paper Mill. There is a Shiv temple in the area of our village Dera and in that temple for the last 10-12 years, my maternal uncle in the relations used to work as a priest (Pujari) who has died. Due to this reason, we have frequent visits to the temple. About 2-21/2 months prior, we have also servant (Sewak) Ranjit Singh Chela of Karanpuri r/o Korwa Gurudawara came to the temple and started working as a priest in that temple. On seeing his moral character bad, the villagers had turned him out from the temple. 8-10 days earlier in the temple of village, we brought Baba Hari Om Giri s/o Partap Bahadur Singh r/o village Ghastipur Dera from Dera Baba Jagan Nath old Shiv Mandir, District Ambala for working as a priest in that temple. Yesterday, on 9.9.2003, Yogeshwar Puri Guru Mahant Sampat Puri Kalawar Math P.S. Chhapper District Yamuna Nagar at present priest of Kala Devi Mandir, Kala Amb was sitting alongwith Ranjit Singh Chela of Karanpuri and Naresh Kumar s/o Chhotte Lal r/o Shiv Colony Kala Amb at about 10 in the night, in Shiv Mandir Kala Amb when I and Dinesh Kumar s/o Pawan Kumar r/o Jodo P.S.Nahan had gone to temple for giving the food of Baba Hari Om Giri. Aforesaid Ranjit Singh Chela of Karanpuri was asking the aforesaid Hari Om Giri why you have come in my place here? Due to this reason, Ranjit Singh Chela of Karanpuri aforesaid was having a grudge in his mind. After keeping the food of Baba Hari Om Giri, we both came back. Today at about 7.30 in the morning, I and Dinesh Kumar again went to the temple for worship then we saw that Baba Hari Om Giri was lying on the Takhat in the court-yard in an injured condition, who having injuries on the left side cheek and on the left side of the neck and blood was oozing out in sufficient quantity and Baba Ji was feeling difficulty in breathing. At that time we arranged a van from Kala Amb and put the Baba in it and we had just to shift it for taking the Baba to Naraingarh Hospital, but in this process Baba had breathed his last. We had given information to the police post Kala Amb through telephone. We had full doubt that aforesaid Ranjit Singh has caused injuries by sharp edged weapon to Baba Hari Om Giri in the temple in place of him and due to this Baba Hari Om Giri has expired. I have got recorded my statement to you on the spot, which has been heard and same is correct. Action be taken against him. Sd/-Hem Raj Attested Sd/-Kulbhushan SI/SHO P.S.Naraingarh dated 10.9.2003”.

3. After the registration of the FIR, the investigation was conducted by SI Kulbhushan, SHO Police Station Narayangarh, who prepared the inquest report Ex.PC, took into his possession the sheet (Chaddar), dead body of Baba Hari Om vide recovery memo Ex. PM. He also prepared a rough site plan of the place of occurrence and sent the dead body for post-mortem examination to Civil Hospital, Narayangarh. On 13.09.2003, Harnam Singh @ Ranjit Singh, appellant, was arrested on the pointing out by Hem Raj, complainant and in the presence of witnesses, he got recovered “takua” Ex. P1, which was taken into possession by the police vide recovery memo Ex. PJ and the “takua” was found to be blood-stained. After usual investigation, the challan was presented against the appellant. Since the offence was exclusivel