JUDGMENT :

Shiv Shanker Prasad, J.

1. This jail appeal is by the accused-appellant Munna Lal challenging the judgment and order dated 28th January, 2009 passed by the Special Judge (E.C. Act), Mirzapur, in Sessions Trial No. 229 of 2007 (State Vs. Munna Lal Patel) arising out of Case Crime No. 433 of 2007, under Sections 302 I.P.C., Police Station-Kachhawan, District Mirzapur, whereby the accused-appellant has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 I.P.C. with fine of Rs. 10,000/-, in default thereof, to further undergo two years additional imprisonment.

2. We have heard Mr. C.L. Chaudhary, learned Amicus Curiae, appearing for the accused-appellant and Kumari Meena, learned A.G.A. for the State.

3. The prosecution case proceeds upon a written report dated 13th July, 2007 (Exhibit-Ka/1) of first informant, namely, Badama Devi (P.W.-1) scribed by Daya Sanker Singh, son of Lalman Patel resident of Village Diyav Raghauna, Police Station Kachhawan, District Mirzapur, on the basis of which the first information report (Exhibit-ka/11) got registered as case crime no. 433 of 2007 under Section 302 I.P.C. on the same day at 13:25 p