Pratyush Kumar, J. - (1.) The instant appeal filed on behalf of the accused -appellant is directed against the judgment and order dated 23rd February, 2011 passed by Sri Ram Sahai, Additional Sessions Judge, Court No. 4, Lakhimpur Kheri in S.T. No. 857 of 2009 (State v/s. Ori Lal), whereby he has been convicted under Sec. 302 I.P.C. and Sec. 30 Arms Act and sentenced to undergo imprisonment for life and to pay fine of Rs. 5,000/ - and further to undergo six months imprisonment and pay fine of Rs. 2,000/ -. In default of payment of fine, he is directed to suffer imprisonment for one month.
(2.) In the present appeal, facts of the prosecution case may be summarized as under: - - "That on 21st April, 2009, at 6.30 a.m., Kamlesh Kumar, resident of Pipri Aziz, Police Station Maigalganj, gave a written report at the police station stating therein that his elder brother Ram Kumar Trivedi aged about 60 years had illicit relations with Manju Devi, who had also illicit relations with Ori Lal. For this reason, while on the yesternight at about 11.00 p.m. a feast on the eve of 'Grih Pravesh' was going on at the house of Ori Lal, he with his licensed 12 bore gun, came to the house of Manju Devi and shot his brother. When his brother fell down on the side of a cot, he again fired which struck left side of chin and neck of his brother, who started to bleed exccessively and died on the spot. Hearing the sound of fire, Munar, Kamlesh Kumar, Ram Kripal came there and tried to catch Ori Lal but he made good his escape. Dead body of his brother was lying in front of the house of Manju. In the night due to non -availability of transport he could not come, now he was reporting the matter."
(3.) At this chik F.I.R. was scribed, Case Crime No. 487 of 2009 under Sec. 302 I.P.C. was registered and requisite entry was made in the report of the general diary. Investigation was taken over by Arun Kumar Dwivedi, the then station officer of the police station, who during the investigation on 22nd April, 2009 arrested the accused and recovered weapon of murder, single barrel 12 bore gun. After investigation, chargesheet was submitted.;