RAMESH SINHA, KRISHNA PRATAP SINGH, JJ. - (1.) Heard Sri Noor Mohammad, Advocate holding brief of Sri Yogesh Kumar Srivastava, learned counsel for the appellant and Sri Ashish Pandey, learned A.G.A. for the State.
(2.) The present Criminal Appeal is directed against the judgment and order dated 26.07.2001 passed by XIIth learned Additional Sessions Judge, Ghaziabad in Session Trial No. 1547 of 1998 arising out of Case Crime No. 639 of 1998, under Section 302 I.P.C., Police Station Noida, Sector -20, District Gautam Budh Nagar (State v. Dil Bahadur. By the impugned judgment learned trial Judge has convicted and sentenced the appellant-accused under Section 302 I.P.C. to serve life imprisonment along with fine of Rs. 5,000/- and to undergo six months further imprisonment in default of payment of fine.
(3.) Briefly the facts of the case are as follows:-;