JUDGMENT :

Manish Kumar, J.

1. This criminal appeal has been filed by the appellant against the judgment and order dated 16.01.2010 passed by the Additional Sessions Judge, Ambedkar Nagar in Sessions Trial No. 24 of 2003, arising out of Crime No. 192 of 2002 under Section 302/34 of the Indian Penal Code (hereinafter referred to as, the IPC), registered at Police Station Kotwali Tanda, District Ambedkar Nagar convicting the appellant Sandeep @ Pintu and sentencing him for imprisonment for life.

2. Heard Shri Anil Kumar Tiwari, learned counsel for the appellant and Shri Umesh Verma, learned AGA for the State and perused the impugned judgment and order passed by the trial court and also the lower court record.

3. As per the prosecution case, on 02.09.2002, an FIR was lodged by the complainant, who is the brother of the injured/deceased under Section 307 IPC which was subsequently, converted to Section 302 IPC on 03.09.2002 against the appellant and one unknown person stating therein, that on 02.09.2002, his younger brother Aditya Kumar left the home at 8.00 PM for attending some party. At around 9.45 PM, he came home with injuries on his body and on inquiring about the injuries, it was to