- (1.) Mr. Rajesh Kumar Dwivedi, learned amicus curiae for the appellant, and Mr. Chandra Shekhar Pandey, learned AGA for the State, were heard at length.
(2.) Under challenge in the instant criminal appeal is the judgment and order dated 02.09.2003 passed by 1st Additional Sessions Judge, Balrampur, in Sessions Trial No.69 of 2002 arising out of Case Crime No.184 of 2002, Police Station Pachpedwa, District Balrampur, whereby the present appellant Shabbir Hasan was convicted for the offence under Section 302 IPC and was sentenced with imprisonment for life and also with fine of Rs.1,000/- with default stipulation of one month's additional imprisonment.
(3.) In the instant case, deceased Km. Argunnisha, aged about 14 years, happens to be the daughter of the appellant.;