JUDGMENT :

Nalin Kumar Srivastava, J.

1. This criminal appeal has been preferred by the appellant against the judgement and order dated 13.09.2007 passed by the Additional District & Sessions Judge, Court No.9, Moradabad in Session Trial No.127 of 2004 (State vs. Naresh Chandra) (case crime no. 211 of 2003) convicting and sentencing the appellant for the offence punishable under Section 302 IPC to undergo life imprisonment and a fine of Rs. 10,000/-with stipulation of default clause.

2. Brief facts of the case, as unfolded by the informant Shyam Lal son of Daulat in the First Information Report (in short 'F.I.R.'), are that on 9.10.2003 at about 9.30 a.m. while the informant alongwith his son Natthu and daughter-in-law Shakuntala was standing at Sirswan crossing in village Manpur in front of Stall (khokha) of Pandit Ji, Naresh, son of his brother Masih Charan, suddenly came from behind the Stall and catching the hair bun of Shakuntala, stabbed with knife many times on her body due to which she fell down on another side of the road. The son of the informant made noise but no one tu