- (1.) Dr. Krishna Singh, learned Amicus Curiae for the appellant and Sri Sharad Dixit, learned Additional Government Advocate were heard at length.
(2.) Instant appeal has been preferred by appellant-Rakesh Kumar Pandey @ Vinay Kumar @ Bhola Pandey challenging the judgment and order dated 27.02.2013 passed by learned Additional Sessions Judge, Court No.8, Barabanki, in Sessions Trial No.546 of 2010, arising out of Case Crime No.98 of 2010, Police Station Loni Katra, District Barabanki, whereby the appellant Rakesh Kumar @ Vinay Kumar @ Bhola Pandey was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.5000/- with default stipulation of six months' additional imprisonment.
(3.) It was a case based on circumstantial evidence. The village Chowkidar of village Bhilwal viz Ram Shanker lodged an FIR at Police Station Loni Katra, District Barabanki, on 08.02.2010 at 3.40 p.m. against unknown persons alleging therein that on 08.02.2010 at about 3.00 p.m. some persons of his village told him that a dead body of unknown person is lying in Bhilwal graveyard. Being the chowkidar of the village he went to the said graveyard and found that one person was lying dead who was putting on a black colour pant and a half white sweater and a yellow shirt, pair of leather chappals was also lying there. There were injuries caused by a sharp edged weapon and a cycle was also standing at some distance. On the basis of this FIR the case was registered. The Investigating Officer went to the place of occurrence and started inquest proceedings on the same day at 6.00 p.m. In the said inquest report Sunil Kumar Trivedi brother of the deceased Anil Kumar Trivedi and other persons of his village were also made witnesses. The deceased was identified as Anil Kumar Trivedi of village panditpurwa. Investigation revealed that appellant Rakesh Kumar @ Vinay Kumar @ Bhola Pandey used to live in the house of the deceased and he developed illicit relations with his wife. Several times quarrel had taken place between the two. On the date of incident in the morning Rakesh Kumar Pandey appellant took the deceased with him on cycle on the pretext of engaging a carpenter and thereafter the deceased did not come back. It also came into light during investigation that after the incident the appellant came to the house of the deceased put his blood stained clothes in a bag and placed them under the chhappar of the house of the deceased. During investigation appellant Rakesh Kumar Pandey @ Vinay Kumar Pandey was arrested by the police on the very next day i.e. on 09.02.2010 and on his pointing out at 11.00 a.m. the weapon of offence, a Banka was recovered from the jungle near "Mazaar Peer Baba". At the time of recovery it was blood stained. Thereafter he was brought to the house of the deceased wherefrom the polythene which was hanging in the chhappar was recovered in which clothes pant and shirt which were blood stained were kept by the appellant after washing the same and a separate recovery memos of both the aforementioned recoveries were prepared.;