HARSH KUMAR, J. - (1.) The instant appeal has been filed against the judgment and order of conviction and sentence dated 18.11.2010 passed by Additional Sessions Judge, Court No.8, Fatehpur in S.T. No.192 of 2010 "State Vs. Sunil Singh and another" under Sections 302/34 and 201 I.P.C., Case Crime No.10 of 2010 and S.T. No.193 of 2010 "State Vs. Sunil Singh" under Section 25 of Arms Act, Case Crime No.11 of 2010, both P.S. Asother, District Fatehpur, convicting two accused persons for offences under Sections 302/34 and 201 I.P.C. and sentencing each of them with imprisonment for life and fine of Rs.10,000/- and in case of default in payment of fine with simple imprisonment for an additional period of one year, under Sections 302/34 I.P.C. and with rigorous imprisonment for a period of five years and fine of Rs.2000/- and in case of default in payment of fine with simple imprisonment for an additional period of three months under Section 201 I.P.C. Apart from it, accused-appellant Sunil Singh was also convicted and sentenced with rigorous imprisonment for a period of three years and fine of Rs.2000/- and in case of default in payment of fine with simple imprisonment for an additional period of three months for offence under Section 25 of Arms Act.
(2.) Feeling aggrieved, both the convicts preferred instant appeal for setting aside their conviction and passing an order of their acquittal.
(3.) The brief facts relating to the case are that Shiv Shankar @ Jhaller lodged F.I.R. at P.S. Asother District Fatehpur on 22.1.2010 at 7:30 a.m. with the averments that "his 38 years old son Santosh Kumar Pandey, who was working as Munshi on private buses of Qasba Asother alongwith Bachcha Singh was falsely implicated by Sunil Singh (accused) in the case of murder of his sister Leelawati, in which case he (Santosh) was acquitted and Sunil Singh in order to take revenge for murder of his sister was having grudge/enmity with Santosh Kumar; that on 20.1.2010, Sunil with his associate Deepak provided liquor to his son in the evening the fetched him and at about 8:00 p.m., (opposite Nahar Kothi, Asother in North of road, on the chack road in front of fields of Chhatrapal Singh) they caused his death by shooting in his head by pistols and in order to make disappearance of his dead body, dragged and thrown it in Ganga canal; that the incident was seen by Baba Singh, Vimal Singh and several others; that shoes and scarf of his son were found in the mustard fields of Chhatrapal Singh and his dead body, which could not be recovered on 21.1.2010, due to excess water in canal, has been found today (with multiple injuries on his head) in canal opposite the fields of Chhatrapal Singh , when water receded".;