JUDGMENT :

Rajnish Kumar, J.

1. This appeal has been preferred against the judgment and order dated 12.01.2006 passed by Additional District and Sessions Judge Court No.6, Jaunpur in Sessions Trial No.126 of 2004; State Versus Phool Chandra under Section 302 IPC, Police Station-Sarai Khwaja, District-Jaunpur arising out of Case Crime No.8 of 2004 whereby the appellant Phool Chandra has been convicted and awarded sentence under Section 302 IPC for life imprisonment.

2. The F.I.R. was lodged by the informant Rajesh Kumar Agrahri son of the deceased Ram Asrey on 08.01.2004 at 18:10 alleging therein that while his father was tying his goat in front of Malhani Bazar (Bhadora) Temple, Police Station Sarai Khwaja, District Jaunpur at 01:30 in the day on 08.01.2004, Phool Chandra Yadav, the appellant son of Kewla Prasad suddenly came and started beating his father by a Danda. His father shouted then the informant and Sonu son of Harish Chandra and Gulab Chandra @ Gullu son of Banarsi rushed to the spot and after seeing them the accused ran away. The deceased was taken to the Sadar Hospital, Jaunpur where he died during treatment. In pursuance of the aforesaid F.I.R. the investigation was cond