1. This appeal has been preferred on behalf of appellant Bindey assailing impugned judgment and order dated 5.10.2005 delivered by the court of learned Additional Sessions Judge/Special Judge (E.C. Act), Sitapur in Sessions Trial No. 164 of 2001 (State Vs. Bindey and others) arising out of Case Crime No. 302, 324 and 504 IPC of Police Station Maholi, District Sitapur. Learned trial court has convicted the appellant Bindey for offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life and amount of Rs. 5,000/- has been imposed with default stipulation to serve out additional imprisonment for six months.

2. The trial court has acquitted the appellant Bindey for offence punishable under Sections 323/34 IPC and co-accused persons Cheena and Smt. Ramkali alias Bhutti (Bhutto) have also been acquitted for offence punishable under Section 302/34 and 323/34 IPC. The State Government of U.P. has not preferred any appeal against acquittal of the appellant Bindey and co-accused persons Cheena and Smt. Bhutti (Bhutto) for the aforesaid offences.

3. As per prosecution version, the complainant Patte son of Niranjan submitted a written report (Ex. Ka-1) on 30.