This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 05.02.2002, passed by Addl. Sessions Judge / F.T.C. First, Nainital in Sessions Trial No. 453 of 1996, whereby accused / appellant Jagdish has been convicted under Section 302 of Indian Penal Code, 1860 and sentenced to imprisonment for life, and directed to pay fine of ` 2,000/- in default of payment of which he has been further directed to undergo imprisonment for a period of six months.

2. We have heard learned counsel for the appellant & learned Addl. Government Advocate for the State and perused the lower court record.

3. Prosecution story, in brief, is that P.W.1 Joga Ram (informant) is resident of Shivnathpur, Nai Basti, police station Ramnagar, District Nainital. On 10.01.1996, at about 06:00 P.M., Kundan Lal s/o informant Joga Ram proceeded from his house towards Dhela Barrage to take battery, and on his way he stopped at the shop of Umed Ram to purchase peanuts. At that time accused Ramesh, Jagdish and Pooran reached there. Another villager Anand s/o Ganga Ram was also there. By that time, Joga Ram (informant) and his nephew Diwa