JUDGMENT

Swatanter Kumar, J.-The present appeal is directed against the judgment of a Division Bench of the High Court of Judicature at Allahabad dated 15th May, 2007. Vide the impugned judgment, the High Court affirmed the judgment of conviction and order of sentence passed by the VIII Additional Sessions Judge, Mainpuri awarding life imprisonment to the appellant Rampal Singh for an offence punishable under Section 302 of the Indian Penal Code, 1860 (for short ‘the Code’).

2. Necessary facts, eschewing unnecessary details, can be stated at the very outset.

3. According to the prosecution, one Jograj Singh and Chhatar Singh were uterine brothers. Anurag Singh, Rajesh Singh and Amar Singh were sons of Jograj Singh. Ram Kumar Singh (deceased) was the son of Rajesh Singh. Rampal Singh (the appellant) and Ram Saran Singh (DW1) are the grand sons of Chhatar Singh. Rampal Singh and the deceased both were serving in the Army as Lans Naik. Two months prior to the date of incident, the deceased had come to his village on leave from Agra where he was posted. He erected a Ladauri on his vacant land. After expiry of the term of leave, he went back to join his duty. Rampal Singh had also come