(1.) THIS criminal appeal under Section 374 (2) of Cr. P.C. has been filed against the judgment and order dated 27th May, 2002, passed by Additional Sessions Judge, Court No. 5, Ballia in Sessions Trial No. 87 of 1999, convicting and sentencing the accused-appellant under Section 302, I.P.C. to undergo imprisonment for life and a fine of Rs. 1,000, in default of payment of fine further to undergo rigorous imprisonment for three months.
(2.) BRIEFLY, prosecution case is that Anil Kumar Singh son of late Triloki Nath Singh lodged the F.I.R. on 4.12.1998 at 23.40 p.m. regarding occurrence dated 4.12.1998 at about 11.30 a.m. against Rakesh Kumar Singh present appellant, wherein it has been stated that some dispute had arisen in between Deenbandhu Singh father of appellant and Virendra Singh in the year 1996 and Triloki Nath Singh (deceased) who helped Virendra Singh. Therefore, Deenbandhu Singh and his family members felt grudge.
(3.) INCISED wound of 3 cm. x 1 cm. x 1 cm. back of (Lt.) shoulder joint.
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