JUDGMENT :

Ajay Bhanot, J

1. The jail appeal arises out of the judgment and order dated 16.01.2002 passed by the learned Special Judge (E.C. Act), Rampur in S.T. No.7/97 under Section 302/34 of the IPC. The learned Trial court has convicted the appellant-accused for an offence under Section 302 of the IPC and has imposed a punishment of life imprisonment along with a penalty of Rs.5,000/-, in default of payment of such penalty, an additional term of six months imprisonment has been imposed upon the appellant.

2. In the instant case, the criminal law process was set in motion after a F.I.R. lodged in regard to the incident of crime.

3. The FIR was lodged by an eye witness to the crime one Zahid. The FIR contains a brief but a clear account of the prosecution case. The FIR was lodged on 10.09.1996 at Patwai Police Station.

4. The prosecution case as set out in the FIR asserts that Shahjahan, daughter of Manjoor Husain, (wife of one Shakeel), was staying with her father in village Patwai for the past two years. Shahjahan had illicit relations with one Wahid-appellant, resident of Senfani. Ahmed Nabi was the brother-in-law of Wahid. Ahmed Nabi belonged to the village of the complainant-Jahi