Anil Kumar Srivastava, J. - (1.) This jail appeal has been preferred by the appellant against the judgment and order dated 30.6.2010 passed by learned Additional Sessions Judge/Fast Track Court No. 4, Gonda in Sessions Trial No. 85 of 2010 arising out of Case Crime No.299/2009, under Section 302/34 IPC, Police Station Katra Bazar, District Gonda, whereby the learned trial court has convicted the accused-appellant under Section 302 IPC and sentenced him to imprisonment for life and fine of Rs.5000/- Co-accused- Srimati @ Madhuri was acquitted of the charge under section 302 IPC.
(2.) According to the prosecution version, a written report was submitted by accused-Chhotkau @ Surendra, scribed by one Jiwan Lal on 18.10.2009 at about 10.35 hour, at Police Station Katra Bazar, District Gonda stating that accused-Chhotkau @ Surendra had developed illicit relations with Srimati @ Madhuri wife of his elder brother Tribhuwan. Tribhuwan came to know about this relationship and was planning to kill the accused. Srimati @ Madhuri told accused- Chhotkau @ Surendra that Tribhuwan can finish him at any time and if he wants to save himself he should finish Tribhuwan. Accused and Srimati @ Madhuri had hatched the conspiracy. In the intervening night of 17/18.10.2009 Srimati @ Madhuri opened the door of the house. Accused entered into the house and assaulted Tribhuwan with spade, causing death of Tribhuwan. Then Srimati @ Madhuri wife of Tribhuwan closed the door from inside. Accused came out and lie down on his cot but during night he himself felt guilty. Thereafter in the morning he got the written report scribed by Jiwan Lal and submitted the same at police station. A case under Section 302 IPC was registered at Crime No.299 of 2009. Investigation was entrusted to the Station House Officer, Dhananjay Singh. Inquest proceedings were conducted. Dead body was sealed and sent for postmortem. Underwear of the victim was recovered on the pointing out of the accused. Spade was also recovered. Postmortem was conducted. Site plan was prepared. Plain and bloodstained earth were also taken into possession. Thereafter, charge-sheet was submitted against the accused-appellant and Srimati @ Madhuri.
(3.) Accused-Appeallant Chhotkau and Srimati @ Madhuri were charged under Section 302 IPC, who denied the charges and claimed trial.;