JUDGMENT :

1. Heard Ms. Mahima Maurya, learned Amicus Curiae appearing for the appellant and Sri. L.D. Rajbhar, Prem Shankar Mishra, learned A.G.A. for the State respondent.

2. This criminal appeal is directed against the judgment and order dated 18.5.1996 passed by the IVth Additional Sessions Judge, Jhansi in Sessions Trial No. 144 of 1991, State vs. Mohan @ Mohan Singh, under Sections 307 and 302 IPC, P.S. Kotwali, District-Jhansi, whereby appellant Mohan @ Mohan Singh has been convicted for the offences under section 302 and sentenced for life imprisonment and under section 307 I.P.C. sentenced for seven years rigorous imprisonment. Both the punishments are to run concurrently.

3. The prosecution story as unfolded with the First Information Report, dated 10.6.1991 registered at about 5.30 a.m. at P.S. Kotwali, District-Jhansi that on 10.6.1991 at about 4.30 a.m. when deceased Jamna (wife of the first informant) and his aunt Rajabeti, wife of Nathhu were going to get drinking water from the Public (Sarkari) Tap and the first informant was accompanying them to attend the call of nature, Mohan (appellant) son of Kallu Kachhi and two other young boys met them at a place inside the out