JUDGMENT :

Shiv Shanker Prasad, J.

1. This criminal appeal is directed against the impugned judgment and order dated 10.02.2021, passed by Additional Sessions Judge/ Fast Track Court-II, Chandauli in Session Trial No. 04 of 2013 (State of U.P. Vs. Rajender Yadav), arising out of Case Crime No. 232 of 2012, whereby accused-appellant- Rajendra Yadav has been convicted and sentenced for life imprisonment for an offence under Section 302 I.P.C. alongwith fine of Rs.15,000/-, in default thereof, to further undergo six months additional imprisonment.

2. We have heard Mr. Rajiv Lochan Shukla, learned Counsel assisted by Ms. Suman Bharti, Advocate appearing for the accused-appellant and Mrs. Archana Singh, learned A.G.A. for the State as also perused the entire materials available on record.

3. As per the prosecution case a written report (Ext. Ka-1) was given on 17.6.2012 to the Police Station Mugalsarai, District Chandauli, by Muse Yadav (P.W.-1/first informant), who happens to be the son of the deceased stating that his father used to sell milk. As usual, on 17.6.2012 in the evening, he had gone to sell milk and when he was returning after supplying milk to Saran Yadav, resident of village