Bharat Bhushan, J.

1. The appellant Alwar Dhanuk has assailed the judgment and order dated 26.2.2004 passed by learned Addl. Sessions Judge, Court No. 3 Fatehgarh, Farrukhabad in Sessions Trial No. 265 of 1999 arising out of Case Crime No. 578 of 1998, Police Station (in short PS) Kotwali Farrukhabad, District Farrukhabad whereby the appellant was convicted under Section 302 Indian Penal Code, 1860 (in short IPC) and sentenced to undergo life imprisonment and fine of Rs. 10,000/- with default stipulation.

2. Prosecution story, in brief, is that just 10-15 days prior to the present incident appellant Alwar Dhanuk had committed murder of one Raja Ram Jatav wherein the first information report (in short FIR) was lodged by informant of this case namely Aatma Ram. It is said that appellant Alwar Dhanuk, a member of clan of Aatma Ram developed animosity on account of earlier FIR. It is alleged that on 24.7.1998 at about 6.30 a.m. deceased Dharmendra son of Aatma Ram went to defecate in the agriculture field of one Bhagrani.

3. Informant Aatma Ram (P.W.-1) had also gone to defecate near the same venue and was standing near the boundary of Bhagrani's agriculture field. Suddenly,