JUDGMENT :

Om Prakash-VII, J.

1. Present Jail Appeal has been preferred by accused-appellant Ali Mohammad against judgment and order dated 17.01.2006 passed by learned Sessions Judge, Baghpat in Session Trial No. 314 of 2005 (State Vs. Ali Mohammad) relating to Case Crime No. 314 of 2005, Police Station Chhaprauli, District-Baghpat, whereby accused-appellant was convicted and sentenced for the offence under Section 302 IPC for imprisonment of life and also a fine of Rs.500/. In default of payment of fine, accused-appellant has suffered further three months simple imprisonment.

2. Prosecution story in a nutshell as alleged in written report Ex.Ka1 moved by Informant Naseem Ahmad transcribed by P.W.2, Shaukat Ali dated 30.05.2005 with the allegation that on 29.05.2005 at about 07.30 P.M., Informant's uncle Ali Hasan son of Kutbi, had gone to tube-well to irrigate his field. Since there was no supply of electricity at that time, therefore, Informant's uncle slept on cot near tube-well. When electricity came, Informant along with his brother Shaukat Ali, P.W.2 also came at the tube-well in the night itself to irrigate their field. As and when, they reached near tube-well and flashing torc