(1.) The sole appellant, namely, Upendra Singh has been convicted and sentenced to R.I. for life and fine of Rs. 5,000/- under section 302 of the Indian Penal Code.
(2.) On the basis of the fardbeyan of Bhagwan Ram which was recorded on 04th October, 2007 at about 16:55 hrs. at village Patariya, Haidarnagar P.S. Case no. 40 of 2007 was registered against the appellant under section 302 of the Indian Penal Code. During the trial, the prosecution has examined eight witnesses; the informant is PW-4.
(3.) The defence set up by the accused-appellant is that father of the appellant has in fact helped widow of the deceased Udheshwar Ram and it is not that the appellant has killed him. In support of his defence, the appellant has examined two witnesses and produced a copy of the sale deed.