[2025:RJ-JD:31089-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 711/2013 Pinku Kumar s/o Shri Rajudeen, resident of Bhagalpur (Bihar).

----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : Mr. Shubham Ojha (Amicus Curiae)

For Respondent(s) : Mr. C.S. Ojha, PP HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI HON'BLE MR. JUSTICE SUNIL BENIWAL

Judgment

Reserved on 12/07/2025 Pronounced on 07 /0 8 /2025 Per Dr. Pushpendra Singh Bhati, J:

1. In the instant appeal, preferred by the accused-appellant (lodged in Central Jail, Sriganganagar), a challenge is laid to the judgment of conviction and order of sentence dated 18.07.2013 passed in Sessions Case No.10/2013 (State of Rajasthan Vs. Pinkukumar) by the learned Additional Sessions Judge No.2, Sriganganagar (‘Trial Court’), whereby while acquitting the accused-appellant of the charge against him under Section 201 IPC (by extending the benefit of doubt), he was convicted under Section 302 IPC and sentenced to undergo Life Imprisonment alongwith fine of Rs.5,000/-, in default of payment of which, the accused-appellant was ordered to undergo further one year’s rigorous imprisonment.

2. Brief facts of