JUDGMENT :

1. This jail appeal arises out of a judgment of conviction and sentence passed by the Special Judge, S.C./S.T. Act, Mirzapur in Session Trial No.276 of 2001, dated 09.09.2002, whereby the appellant Suresh Viyar has been convicted and sentenced to life imprisonment under Section 302 IPC with a fine of Rs. 1,000/-and in default thereof to undergo fifteen days additional imprisonment. The appellant has also been convicted and sentenced to one year rigorous imprisonment under Section 201 IPC with a fine of Rs. 500/-and in default thereof to undergo seven days additional imprisonment, with the stipulation that all the sentences shall run concurrently.

2. Prosecution case, in brief, is that the first informant Raghuveer Viyar (PW-1) worked in a mining site at Mirzapur and was living in a hutment near Sonpur Pahadi. Other workers resided nearby including accused appellant Suresh Viyar son of Chan Dev. It is alleged that on the eventful night i.e. on 25.02.2001, at about 10.00 PM, the accused appellant Suresh Viyar had a fight with his wife and he also beat her. Being a neighbour of Suresh Viyar, the first informant (PW-1) intervened and objected to the accused beating his wife an