(1.) Heard Shri Abhineet Jaiswal, learned Amicus for the appellant as well as Smt. Meera Tripathi, learned AGA for the State- respondent and perused the record.
(2.) This criminal appeal has been preferred by appellant- Jaimangal Yadav under Sec. 374(2) Cr.P.C. against the judgment and order dtd. 8/3/2002 passed by Additional Sessions Judge, Gonda in Session Trial No. 272/96 (State Vs. Jaymangal Yadav) arising out of Case Crime No. 154 of 1996, under Sec. 302 IPC, Police Station Kotwali Nagar, Gonda, whereby the appellant has been convicted under Sec. 302 IPC and has been sentenced with rigorous life imprisonment, and fine of Rs.3000.00 and in default of fine to further undergo for three months rigorous imprisonment.
(3.) The brief facts necessary for disposal of the instant appeal are that the informant, namely, Bhagwan Prasad has lodged a First Information Report at Police Station Kotwali Nagar, District Gonda alleging that he is a resident of Karnailganj, Gonda and is having his Coal Depot at Faizabad by-pass in the vicinity of village Budhai Purwa in the name of Saket Coal Traders where deceased Bhagwati Prasad Tiwari was working as clerk and appellant Jaimangal Yadav was employed as Chaukidar pertaining to the incident occurred on 29/2/1996 at about 6.30 a.m. .
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