JUDGMENT :

Prakash Singh, J.

1. Heard Sri Desh Ratan Mishra, learned Amicus Curiae appearing for the appellant, Rajesh @ Sajesh Tiwari, Sri Vijay Prakash Dwivedi, learned A.G.A.-I for the State and perused the entire record available before us.

2. Under challenge in this criminal appeal is the impugned Judgment and Order dated 24-12-2005 passed by the learned Additional Sessions Judge/Fast Track Court No. 1, Bahraich in Sessions Trial No. 229 of 2002, tilted as ‘State Vs Rajesh @ Sajesh Twari’, arising out of Case Crime No. 216 of 2002, under section 302 of the I.P.C., Police Station-Fakharpur, District-Bahraich, whereby the appellant, Rajesh @ Sajesh Tewari, has been convicted and sentenced to undergo life imprisonment with a fine of Rs. 20,000/- and in default of payment of fine, he has further been directed to undergo further period of simple imprisonment for two years.

3. The brief prosecution story is, that the father of the appellant, Prahlad Kumar Tewari, the informant, alleged that his son, Rajesh @ Sajesh Tewari, aged about 36 years, was suffering with mental sickness since last one year and his treatment was got done. He further alleged that the appellant, after separation fr