JUDGMENT :

1. Heard Shri G.S. Chaturvedi, Senior Advocate assisted by Shri Alok Ranjan Mishra, learned counsel for the appellant, learned A.G.A. for the State and perused the record.

2. The instant criminal appeal has been filed against the judgment and order dated 23.9.2005 passed by the Additional Session Judge, Court No. 11, Agra in S.T. No. 832 of 1999, State Vs. Rajveer Singh and another, arising out of case crime no. 207 of 1999 P.S. Dauki, Agra, under section 302 I.P.C., by which the trial court has convicted the appellant under section 302 I.P.C. and awarded the sentence of life imprisonment alongwith fine of Rs. 25000/-

3. As per the prosecution case as unfurled in the F.I.R. lodged by one Surendra Kumar, P.W.1, vide written report Ex. Ka.1 dated 5.8.1999 which was registered vide case crime no. 207 of 1999 under section 302 I.P.C., P.S. Dauki, District Agra, vide G.D. report, Ex. Ka. 4 prepared by PW.4 at the relevant date and time.

The allegations made in the F.I.R. are that on 4.8.1999 at about 8.30 p.m. in the night his father Nem Singh posted as Kanungo, Sadar, District Agra returned back to his house. After taking his meals at about 10.00 p.m., on account of disruption i