Hon’ble Arvind Kumar Mishra-I, J.—By way of instant Criminal Appeal, accused-appellant Jitendra Singh Gangwar @ Nanku son of Babu Ram Gangwar resident of Kanasi, Police Station Nawabganj, District Farrukhabad, has challenged the judgment and order of conviction dated 21.8.2009 passed by the Special Judge (SC/ST Act), Farrukhabad, in Special Sessions Trial No. 20 of 1997 arising out of Case Crime No. 02 of 1997 under Section 302 I.P.C., Police Station Nawabganj, District Farrukhabad, whereby the appellant has been sentenced to life imprisonment coupled with fine Rs. 10,000/-. The half of amount of fine shall be paid to the successor of the deceased Vijay Singh @ Vijendra.

2. Heard Sri Arun Kumar Shukla Advocate assisted by Sri Anvir Singh, learned counsel for the appellant, Sri J.K. Upadhyay learned AGA for the State and also perused the record.

3. The brief facts giving rise to this appeal as unfolded from the record indicate that the first informant Satya Prakash son of Dafedar resident of Kanasi, Police Station Nawabganj, District Farrukhabad, lodged written report on 3.1.1997 at 6.20 p.m. at Police Station Nawabganj, alleging therein that the appellant Jitendra Singh @ N