JUDGMENT :

1. Heard Shri Noor Mohammad, learned counsel for the appellant and Shri L.D. Razbhar & Prem Shanker Mishra, learned A.G.A.s for the State.

2. The instant appeal is directed against the judgement and order convicting the appeal and sentencing him to life imprisonment, which judgement has been passed on 02.12.18 by the Additional Session Judge, Fast Track Court No.2, Bhadohi at Gyanpur in Session Trial No.103 of 2003 (State Vs. Babulley) under Section 302 I.P.C., Police Station-Bhadohi, District-Sant Ravidas Nagar, Bhadohi, convicting and sentencing the appellant to life imprisonment. A Fine of Rs.10,000/-have also been imposed and in default thereof, two years further imprisonment has been ordered.

3. Sessions Trial No.103 of 2003 pertains to an incident which took place on 27.07.2003 at about 9:00 a.m. in village Jagdishpur. The first information report in this regard was lodged at 11:00 a.m. on the same date at Police Station-Bhadohi Kotwali, District-Sant Ravidas Nagar.

4. As per the first information report lodged by Laldei Devi w/o Vijay Shanker, she alongwith her husband-Vijay Shanker was proceeding from their house towards their field at about 9:00 a.m.. When they reac