Ravindra Singh & Arvind Kumar Tripathi,JJ.: -

Heard Sri Lal Ji Chaudhari, Amicus Curiae, on behalf of the appellant and the learned A.G.A. for the State of U.P.

2. This appeal has been preferred by the appellant Girdhari son of Laldeen Kacchi against the judgment and order dated 22.2.1999 passed by the learned Sessions Judge, Mahoba in S.T. No. 122 of 1999 whereby the appellant has been convicted under section 302 I.P.C. and sentenced to undergo imprisonment for life with a prayer that the impugned judgment and order dated 22.2.1999 convicting the appellant may be set aside and the appellant may be acquitted.

3. The facts, in brief, of this case are that the F.I.R. has been lodged by Mukund Madhav Singh (P.W. 1 )at P.S. Charkhari on 30.1.1998 at 10.45 a.m. in respect of the incident allegedly occurred on 30.1.1998 at about 7.30 a.m. According to the F.I.R. the deceased Gulab @ Shiv was daily wage worker of the first informant, Mukund Madhav Pradhan, P.W. 1, as usual on 30.1.1998, was returning after easing from Shamshan Maidan (cremation ground), when he reached near the field of Sarvan at about 7.30 a.m. he was assaulted by the appellant by using Pharsa blow on which he cried