Prabhat Chandra Tripathi, J.

1. We have heard Sri Rajesh Dutt Pandey, learned Amicus Curiae for the appellant and Sri Rajeev Gupta, learned A.G.A. for the State of U.P.-respondent.

2. This jail appeal has been preferred by the appellant Chhote Lal against the impugned judgment and order of the then learned Additional Sessions Judge(F.T.C.), Sonbhadra dated 16.08.2003 in Sessions Trial No.43 of 2002, arising out of case crime no.198 of 2001, under Section 302 I.P.C., Police Station Dudhi, District Sonbhadra, whereby the accused person-appellant Chhote Lal has been convicted under Section 302 I.P.C. and has been awarded sentence of life imprisonment and fine of Rs.1000/- (Rupees One Thousand).

3. The written F.I.R. in Hindi Vernacular is enumerated as below:-

"The applicant- Indra Kunwar Vaiga wife of Shambhoo Kahar, resident of village Saro Kalan, Police Station Dudhi, present address Rantola, Police Station Dudhi, District Sonbhadra moved a written First Information Report before the Incharge of the Police Outpost, Muirpur, District Sonbhadra on 25.11.2001 at 14:15 hours that on that day; date 25.11.2001 a dance programme was to be performed by natives of her village. He