JUDGMENT :

1. Heard Sri Amit Mishra learned counsel for the appellant and Sri Roopak Chaubey learned AGA for the State respondent.

2. This appeal is directed against the judgment and order dated 7.5.2005 passed by the Additional Sessions Judge, Court no.10, Meerut in Sessions Trial no.745 of 1993 arising out of Case Crime no.118 of 1993 under Section 302 IPC Police Station-Khekra, Meerut, (current District Baghpat), whereby the appellant Manoj has been convicted for the offence under section 302 IPC and sentenced for imprisonment for life with fine of Rs.10,000/-. The default punishment is one year simple imprisonment.

3. The prosecution story starts with the first information report lodged on 9.6.1993 at about 13.00 hours based on a written report given by Babu Khan (P.W-4) father of deceased Gayur. The date and time of the incident as indicated in the Check FIR is 09.06.1993 at about 12.00 noon. The Case Crime no.118 of 1993 was registered under Section 302 IPC, the report of which was lodged on the information given by P.W-4, the first informant. As per the written report, deceased Gayur s/o Babu khan was aged about 22 years on the date of the incident and was running a shop of Pur