JUDGMENT :

Ashwani Kumar Mishra, J.

1. Heard Ms. Vijata Singh, learned Amicus Curiae for the appellant and Mrs. Archana Singh, learned AGA for the State.

2. This jail appeal is directed against judgment and order dated 16.10.2006, passed by the Additional District & Sessions Judge (Special), Baghpat in Sessions Trial No. 188 of 2005, State vs. Om Prakash whereby the appellant has been convicted under sections 302 and 352 IPC, in Case Crime No.324 of 2004, Police Station Ramala, District Baghpat and consequently sentenced to life imprisonment along with fine of Rs.20,000/-for the offence under Section 302 IPC and three months imprisonment for the offence under Section 352 IPC. In the event of failure to deposit the fine appellant was to undergo six months additional imprisonment. Both the sentences are to run concurrently.

3. Briefly stated, the prosecution case is that a written report dated 14.9.2004 was received from applicant Kallu Ram (PW-1) (Ext. A-1), scribed by Praveen Kumar S/o Kallu Ram (PW-6), stating that the elder son of informant i.e. accused appellant Om Prakash is a person of criminal antecedents and has been sent to jail multiple times. Few days prior to the incident ac