JUDGMENT :

Virendra Kumar Srivastava, J.

1. This jail appeal under section 383 Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred by accused-appellant Kalluwa (hereinafter referred as appellant) through Superintendent of Sub-Jail, Mahoba against the judgment and order dated 16.1.2009 passed by Additional Sessions Judge, Court No. 2, Mahoba, in S.T. No. 116 of 2007 (State vs. Kalluwa), whereby appellant has been convicted under section 302 I.P.C and sentenced for imprisonment for life and also with a fine of Rs. 10,000/-.

2. Brief facts, as stated in First Information Report (hereinafter referred to as F.I.R) as well as in material available on record of the prosecution case, are, that on 12.6.2007 at about 3.40 a.m., P.W-1 Annu alias Daya Shanker, resident of Mohalla Jayandra Nagar Charkhari, police station (P.S) Charkhari, District Mahoba, submitted a written report (Ex.ka-1) at P.S. Charkhari, District Maboba alleging therein, that in the intervening night of 12.6.2007 he and his wife Smt. Vimla (P.W-2) were sleeping inside his house and his mother Smt. Brijrani (deceased) was sleeping on the cot, on platform (Chabutara), situated outside his house. At about 3.00 a.m., up