JUDGMENT

Raghvendra Singh Chauhan, C.J. - The appellant, Devendra Singh Rawat, has challenged the legality of the judgment dated 26.11.2012, passed by the learned District and Sessions Judge, Tehri Garhwal, in Sessions Trial No. 18 of 2011, whereby the learned Trial Court has convicted the appellant for the offence under Section 302 IPC, and sentenced him to life imprisonment, and has imposed a fine of Rs. 5,000/-, and further directed him to undergo a sentence of two years of rigorous imprisonment in default thereof.

2. Briefly, the facts of the case are that on 24.11.2010, one Bijendra Singh Rawat, (P.W. 1) submitted a written complaint at Chambha Police Station wherein he stated that on 23.11.2010, there was a marriage at the house of one Sri Hukum Singh Rawat (P.W. 2). His brother, namely Uttam Singh, had attended the said marriage. On the next day, i.e. on 24.11.2010, the dead body of his brother, Uttam Singh, was discovered in a field. Some unknown persons have killed his brother. The complainant was not present in the said marriage.

3. On the basis of the said report, the police chalked out a formal FIR, namely FIR No. 24 of 2010 (Ex. Ka. 1) for the offence under Section 302 IP