Vipin Sinha, J.

1. Heard Sri Rajul Bhargava and Sri S.P.S. Chauhan, learned counsel appearing on behalf of the accused-appellant and Sri Akhilesh Singh and Sri Rajiv Gupta, learned A.G.A. for the State.

2. The present appeal has been filed by the appellant Raghuvir Singh being aggrieved against the judgment and order dated 13.08.2014 passed by Sri Harkesh Kumar, the then learned Additional District & Sessions Judge, Court No. 12, Ghaziabad in Session Trial No. 992-A/2005 arising out of case crime No. 127 of 2004 convicting and sentencing the appellant Raghuvir Singh under Section302/34 IPC and to undergo death sentence and a fine of Rs. 20,000/- and in default of payment of fine the accused-appellant shall undergo to six months additional imprisonment.

3. The case of the prosecution as revealed in the FIR is to the effect that an FIR was lodged at police station Dhaulana, sub-district Hapur, District Ghaziabad by one Ompal Singh son of Sri Bani Singh resident of Sukhdevpur, police station Daulana, District-Ghaziabad with regard to an alleged incident which is said to have taken place on 28.08.2004 at about 10: 30 pm in the night and incident which allegedly culminated in the d