JUDGMENT :

1. This appeal challenges the judgment and order dated 21.6.2016 passed by Shri Mohammad Faiz Alam Khan, Sessions Judge, Shahjahanpur, in Sessions Trial No. 163 of 2015 convicting accused-appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and sentenced him to undergo rigorous life imprisonment with fine of Rs. 25,000/- and in case of default of payment of fine, further to undergo one year imprisonment.

2. Investigation was moved into motion, after recording statements of various persons, the investigating officer submitted the charge-sheet against accused under Sections 147/307/302 of I.P.C. The learned Chief Judicial Magistrate before whom charge-sheet was laid put the same before the learned Sessions Judge. The learned Sessions Judge, on hearing the learned Government Advocate and learned counsel for the accused, framed charges under Section 302 of I.P.C. read with Section 34 of IPC.

3. On being summoned, the accused pleaded not guilty and wanted to be tried, hence, the trial started and the prosecution examined 4 witnesses who a