JUDGMENT :

1. Heard Sri Pramod Kumar Pandey, 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 22.07.2005, passed by the Additional Sessions Judge/Special Judge, Budaun in Sessions Trial No. 29 of 2003, State vs. Nanhey whereby the appellant has been convicted under section 302 read with 34 IPC, in Crime No.123/98, Police Station Islamnagar, District Budaun and consequently sentenced to life imprisonment.

3. As per the prosecution version the first informant (PW-1) was cleaning drain in front of his house during morning when accused appellant Nanhey alongwith his brothers Nanki and Kalicharan objected to the waste water being discharged in their drain. The father of first informant (the deceased) is stated to have told the accused party that dirty water was being discharged in this fashion, from before, on which the accused persons got enraged and started abusing the informant’s father. This was objected whereafter the accused appellant Nanhey stabbed the deceased in his abdomen while Nanki and Kalicharan hit him by Lathi and Danda (stick-a blunt object). The incident is said to h