(1.) CHALLENGE in this appeal, filed under Section 374(2) of the Criminal Procedure Code, is to the judgment dated 17.09.2012 and the order on sentence dated 18.09.2012 whereby the appellant has been convicted and sentenced to rigorous imprisonment for life and fine of Rs. 5,000/ - has been imposed for the offence punishable under Section 302 of IPC and in default of payment of fine simple imprisonment for a period of one year more.
(2.) THE case of the prosecution, as noticed by the trial court, is that:
(3.) COUNSEL for the appellant further submits that the trial court did not appreciate that as per DD No. 12A Ex.PW2/A, information regarding scuffle was provided by Const. Ved Prakash and he has not been examined. He further contends that the PCR official whose name is disclosed in MLC Ex.PW8/A as HC Brij Mohan and who removed the injured to the hospital has not been examined. Also the children of the deceased have not been examined.