(Delivered by Hon'ble Aniruddha Singh, J.)

1. Present Jail Appeal has been filed by appellant Ram Charan against judgment and order dated 31.1.2012 passed by Additional District & Sessions Judge, Court No.8, Basti in Sessions Trial No. 96 of 2006 (State of U.P. Vs. Ram Charan and two others) arising out of Case Crime No. 124 of 2006, under Sections 302/34 I.P.C., Police Station Valtarganj, District Basti whereby appellant Ram Charan has been convicted under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs. 1,000/- and in default, six months' additional imprisonment.

2. Prosecution story in brief is that in the night at 12.30 on 8/9.3.2006, Jagram (deceased) husband of complainant Smt. Sitapati who was watchman in a brick kiln was sleeping there; Ram Charan (appellant) assaulted Jagram with spade (Fawada), he received four incised wounds and died resultantly. Tulasi Ram (P.W.-2) and Rajendra (P.W.-7) and some other persons tried to catch but he fled away. This incident was seen by two persons namely Tulsi Ram (P.W.2) and Rajendra (P.W.7) and F.I.R. was lodged for the offence under Section 302 IPC on 9.3.2006 at 6.30 a.m. by Smt. Sitapati (P.W