Vipul M. Pancholi, J. – The present criminal appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) challenging the judgment of conviction dated 26.05.2016 and order of sentence dated 30.05.2016, passed by learned Sessions Judge, Saran at Chapra in Sessions Trial No. 542 of 2014, arising out of Bheldi P.S. case No. 76 of 2013, G.R. No. 2417/2013, whereby and whereunder the Trial Court has convicted the appellant for the offence under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘I.P.C.’) and sentenced to undergo life imprisonment and a fine of Rs. 25,000/- and in default of payment of fine to further undergo R.I. for a period of four months.

2. The prosecution case, as emanated from the fardbeyan of the informant Upendra Baitha, the brother of the deceased Seema Devi, recorded by S.I. Sanjay Kumar of P.S. Bheldi, District- Saran on 07.06.2013 at 3.30 P.M. is that the informant on 07.06.2013 received information on his mobile No. 8804823007 that his sister Seema Devi, wife of the accused Shambhu Baitha, was in critical condition. The deceased was married t