JUDGMENT :

ZAFEER AHMAD, J.

1. Heard Sri Rajiva Dubey learned counsel for the appellant and Sri Pawan Kumar Singh learned A.G.A for the State.

2. The aforesaid criminal appeal arises out of order and judgment dated 15.12.2007 passed by learned Sessions Judge, Balrampur in S.T. No. 48 of 2006 ( State v. Shiv Pujan ) arising out of case crime no. 06 of 2006 wherein the appellant has been convicted and sentenced to undergo life imprisonment u/s 302 Indian Penal Code (in short I.P.C).

Prosecution Case in Nutshell:

3. The prosecution case, in nutshell, is that the complainant Mangal Prasad Verma submitted a written report (Ex. Ka-1) at Police Station Jarwa, District Balrampur, stating therein that his father Shiv Pujan had two brothers, namely Munshi and Nibber. Shiv Pujan was the eldest, Munshi was the second and Nibber was the youngest. All the three brothers were living separately. The second brother Munshi used to reside with his parents, namely Ragunath and Kamla, in a seperate house situated at the edge of the forest. Furthermore, it was stated that on the morning of 17.01.2006, his uncle Nibber came and informed him that during the preceding night, some unknown persons had dragged Mun