JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Sri Jitendra Singh, learned counsel for the appellant, Sri L.D. Rajbhar and Mrs. Alpana Singh, learned A.G.A for the State and perused the record.

2. This criminal appeal has been filed against the judgment and order dated 10.12.1999, passed by the Sessions Judge, Mahoba, in Sessions Trial No. 38 of 1996 (State vs. Baba Deen And others), arising out of Case Crime No. 193 of 1995, under Section 302 IPC, Police Station Shrinagar, District Mahoba, whereby the accused-appellant Baba Deen has been convicted and sentenced for life imprisonment. By the same judgment, two other co-accused persons Chhote Lal and Kali Charan have been acquitted.

3. Brief facts of the case is that the incident took place on 02.12.1995 at about 06:00 PM in the village Pawa, PS Shrinagar, Mahoba. At the time of incident, the informant Prem Narain had gone to the shop of Gaya babu for purchasing Bidi and behind him his niece Raj Kumari aged about 13 years and nephew Arjun aged about 12 years had also come to the shop. Accused Baba Deen came from the side of his house along with co-accused Kali Charan and Chhote Lal. Seeing the informant on the shop, Kali Charan and Ch