(1.) We have heard Sri Ravindra Balkrishna Kanhere, for the appellant and Sri H.M.B. Sinha, learned AGA for the State.
(2.) This Criminal Appeal has been filed against the judgment and order dtd. 31/7/2009 passed by Sessions Judge, Sonbhadra in S.T. No. 32 of 2008 (State vs. Aniraka Prasad Yadav and ors), arising out of case crime No. 263 of 2007, P.S. Babhani, District Sonbhadra, convicting the accused-appellant under Sec. 302 IPC and sentencing him to undergo imprisonment for life, and fine of Rs.1000.00 and in default of payment of fine, one month rigorous imprisonment.
(3.) The factual matrix is as follows: