JUDGMENT :

Manoj Kumar Gupta, J.

1. The appeal is directed against the judgement and order dated 16.2.2008, passed by Additional Sessions Judge, Court No.10, Muzaffar Nagar in S.T. No.64 of 2001, convicting and sentencing the appellant under Section 302 IPC to life imprisonment and fine of Rs.15,000/-, in default of payment of fine, one year's additional simple imprisonment.

2. In brief, according to the prosecution case, Ram Phal (the victim) was father of the first informant Bablu (PW-1). He had sold four bighas of his land to Rajpal (accused-appellant). Appellant did not pay any money for the land but assured the victim that he would later give his tractor, including trolley, a machine and one lakh rupee to him as sale consideration. On 29.6.2001, at about 4:00 p.m. the accused appellant came to the house of the victim and took him alongwith him saying that he would load his tractor with bricks from a nearby brick-kiln and go to Haridwar to sell the same and profit will be apportioned by them equally, as the victim also had half share in the tractor. On 1.7.2001 at about 11:00 p.m. in the night, the accused appellant again came to the informants’ house and informed him that his fat