(1.) The appellant has assailed the judgment and order dtd. 17/6/2016 rendered by the Court of Additional District and Sessions Judge No.1, Barmer in Sessions Case No. 18/2012 whereby, the appellant was held guilty of offences punishable under Sec. 302 of the IPC and Sec. 4 read with Sec. 25 of the Arms Act and was sentenced as under:- <FRM>JUDGEMENT_79_LAWS(RAJ)4_2023_1.html</FRM>
(2.) As per prosecution case, on 1/12/2011 at about 2:00 pm, a report (Ex.P-12) came to be filed before the concerned Police Station by Ratan Lal (PW-6), who is the brother of the deceased, alleging inter-alia that his elder brother Suresh Kumar runs a tea stall. On 1/12/2011 at between 12:00-1:00 in the noon, someone informed him that Suresh Kumar had been murdered by some unknown person. He had five stab wounds on his body.
(3.) After receiving of the said report, a formal F.I.R. was registered, investigation was commenced and after completion of the investigation, the Challan was filed against the appellant. After the case was committed to the Court of Sessions, the appellant was put on trial and stood charged for the offences punishable under Sec. 302 of the IPC and Sec. 4 read with Sec. 25 of the Arms Act. The appellant denied the charges and claimed to be tried.