JUDGMENT :

1. Heard Sri Karunesh Pratap Singh, learned counsel for the appellant and learned A.G.A. for the State.

2. Though learned counsel for the appellant has made submissions as far as bail is concerned, we have gone through the record, the judgment impugned and the factual data and by consent of learned A.G.A. we proceed to decide this appeal finally where the accused-appellant is in jail for more than seven years and he has one daughter to look after.

3. This appeal challenges the judgment and order dated 3.12.2021 passed by Additional Sessions Judge/Special Judge, P.A. Act/U.P.S.I.B., Gorakhpur in Sessions Trial No.129 of 2016 (State vs. Samharu Gupta) whereby the learned Sessions Judge has convicted accused-appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced him to undergo imprisonment for life with fine of Rs.50,000/-and, in case of default in payment of fine further to undergo two years' imprisonment.

4. Brief facts as culled o