(Delivered by Hon'ble Krishna Singh, J)

The instant criminal jail appeal has been preferred on behalf of the accused-appellant Dhannajaya Dubey @ Lal Babu s/o Late Doodh Nath Dubey, r/o Babhiniyaw, P.S Mayil, District Deoria challenging the impugned judgment and order dated 5/7.10.2013 passed by Additional Sessions Judge (Court No.6) Deoria whereby the appellant has been convicted and sentenced to serve out life imprisonment in Sessions Trial No.179 of 2010 (State of U.P. vs. Dhannajaya Dubey @ Lal Babu) arising out of case crime No.229 of 2010 under Section 302 of the Indian Penal Code, Police Station Mayil, District Deoria with fine of Rs. 20,000/- and in default of payment of fine, the appellant will have to undergo six months imprisonment.

2. This is a case of fratricide as the accused-appellant has killed his own brother.

3. The origin of facts emanating from the prosecution in a short conspectus is that Dhananjay Singh alias Lal Baboo, the uncle of the complainant who was living separately from his father Vijay Shankar Dubey for the last ten years by apportioning his share in agricultural land and house and was also nurturing and rearing animus and grudge to elimin