Arvind K.Tripathi, J. - (1.) The instant Capital Appeal along with connected Capital Appeal No.2508 of 2015 on behalf of Smt. Urmila Devi have been preferred challenging the impugned order of conviction and sentence passed by learned Additional Sessions Judge Court no. 1, Kannauj, vide judgment and order dated 30.5.2015, in Session Trial No. 249 of 2008 (State Vs. Raj Kumar and Smt. Urmila Devi) arising out of Case Crime No. 698 of 2008, Police Station Gursahaiganj, District Kannauj, awarding death punishment, under Section 302 I.P.C. The connected Reference No. 6 of 2015 was sent by the learned Trial judge for confirmation of the sentence by this Court, as provided under Section 366 Cr.P.C.
(2.) Mr. P.P. Yadav, learned advocate assisted by Mr. Abhishek Kumar Yadav, learned Advocate appeared on behalf of the appellants and Mr. Akhilesh Singh, learned Government Advocate assisted by Shri Jai Krishna Upadhyay and Ms. Meena learned Additional Government, appeared on behalf of the State.
(3.) The incident took place in the intervening night of 14th/15th July, 2008 at about 3 O'Clock, First Information report was lodged and registered at Police Station Gursahaiganj, on written report given by Promod Kumar Gupta, son of Siya Ram Gupta, resident of Sarai Prayag, P.S. Gursahaiganj, District Kannauj, brother of the deceased Vinod Kumar Gupta in the morning of 15th July, 2008 at 4.00 A.M. The distance of Police Station from the village Sarai Prayag was 8 Kilometers. The First Information Report was written by one Anand Gupta but the scribe Anand Mohan Gupta was not examined by the prosecution. As per version of First Information Report, the informant Pramod Kumar Gupta, son of Shri Siya Ram Gupta is resident of Sarai Prayag, Kannauj. In the previous night of 14th/15th July, 2008 he was sleeping in his house. His elder brother Vinod Kumar Gupta, aged about 40 years, was living near his house with his family, in his own house. At about 3.00 A.M. in the night some unknown persons entered into the house of his brother who was sleeping on Takhat. They assaulted him with their sharp-edged weapon on his neck. In the adjacent room, Smt. Urmila Devi, wife of the deceased Vinod was sleeping. When she came to know, she raised an alarm and then the informant rushed towards the place of incident. By that time assailants had left the place of incident. Dead body of Vinod Kumar Gupta was lying on the spot inside the house. He went to give information and lodged the First Information Report with the request to take legal action. The report was scribed by one Anand Mohan Gupta and signed by the informant Pramod Kumar Gupta.;