Hon’ble Arvind Kumar Tripathi, J.—Shri Rajul Bhargava, learned counsel for the appellants assisted by Ms. Archana Tripathi, Advocate appeared on behalf of the appellants and Shri Mahendra Singh Yadav, learned A.G.A. appeared on behalf of the State.

2. The instant Criminal Appeal has been preferred against the judgment and order of conviction and sentence dated 17.2.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Ballia in Sessions Trial No. 16 of 2003 arising out of Case Crime No. 105/2002 under Sections 302, 504, 506 I.P.C. PS.Sukhpura, District Ballia convicting and sentencing the appellant Tribhuwan Singh under Section 302 I.P.C. and accused appellants Nagendra Singh, Dharmendra Singh and Malti Devi under Sections 302 read with 34 I.P.C. for life imprisonment with fine for a sum of Rs. 5000/-, in default of payment of fine one year’s additional imprisonment was awarded. All the appellants were acquitted under Section 504/506 I.P.C.

3. The brief facts of the case is that the First Information Report was lodged and registered at Police Station Sukhpura at Case Crime No. 105/02 under Sections 302/504/506 I.P.C. by the informant Mukesh Kumar Singh,