JUDGMENT :

(Rajiv Gupta, J.) :

1. Heard Shri Ram Sagar Yadav, learned counsel for the appellant, Shri Arun Kumar Pandey, learned AGA for the State and perused the record.

2. The instant criminal appeal has been preferred against the judgment and order dated 14.09.2005 passed by Additional Sessions Judge, Court No.10, Ghaziabad in Sessions Trial No. 1147 of 2003 (State of Uttar Pradesh Vs. Hari Bahadur), arising out of Case Crime No. 686 of 2003, under Section 302 IPC, Police Station Indirapuram, District Ghaziabad, convicting and sentencing the accused-appellant to undergo imprisonment for life with fine of Rs.10,000/-under Section 302 IPC and in default of payment of fine, to undergo six months’ further additional imprisonment.

3. The prosecution case as has been set out by the first informant Shobha Kant Poddar (PW-1) in the first information report is that in the night between 13/14.05.2003 at about 12:00 O’clock in the night, while he was taking his meals, he heard an alarm being raised from near the hutment of Sita Ram. After hearing the alarm, he reached there, where he had seen in the light of the electric bulbs lit there on the electric pole, that appellant, who also used to