SHABIHUL HASNAIN, J. - (1.) This criminal appeal has been filed against the judgment and order dated 1.3.2007, passed by the Sessions Judge, Ambedkarnagar, in Sessions Trial No.23 of 2002, under Sections 302 / 201 I.P.C. and Section 3(2)(5)(6) S.C/ S.T. Act in Case Crime No.99 of 2002, Police Station Raje Sultanpur, District Ambedkar Nagar sentencing and convicting the accused/appellant in the following terms : (i) Under Section 302 I.P.C. read with Section 3(2)(5)(6) S.C./S.T.Act convicting the appellant for life and Rs.10,000/- as fine and in the event of non-payment of fine, the appellant would further undergo one year's imprisonment. (ii) Under Section 201 I.P.C. for three years' rigorous imprisonment. All the sentences were ordered to run concurrently. Heard Sri Praveen Tripathi, learned counsel for appellant as well as learned Additional Government Advocate and perused the record.
(2.) The prosecution story, in brief, is that complainant Basudha who belonged to Scheduled Caste and resident of village Tandwa Jalal, P.S.Raje Sultanpur, District Ambedkarnagar gave a written report Ext.Ka-1 on 11.8.2002 at about 20.30 at Police Station Raje Sultanpur, District Ambedkar Nagar to the effect that his wife Smt.Saroj alias Ramjani had gone to the house of son of his maternal uncle Ram Sewak in village Durgupur, Police Station Jahangirganj about 20 days' ago. On 9.8.2002 he came to know that his wife had accompanied Vishwanath alias Khodu Kurmi (who is accused/appellant in the present appeal), to his house at village Gram Karauli Lathouri, Police Station Raje Sultanpur, with whom she was having illicit relations since many days. On 11.8.2002, when Basudha in search of his wife reached Gram Karauli Lathauri, he came to know that Vishwanath alias Khodu has murdered his wife and hidden the dead body in the house.
(3.) On the basis of the above information a Chik F.I.R. Ext.Ka-8 was lodged against the accused Vishwanath alias Khodu under Sections 302 , 201 I.P.C. and 3(2)(5) S.C./S.T.Act Sri K.K.Srivastva, Up Zila Magistrate, Tahsil Alapur District Ambedkar Nagar on 12.8.2002 prepared Panchayatnama Ext.Ka-10, photograph of dead body Ext Ka-11, Ext.Ka-13, Ext.Ka-14, seal specimen Ext.Ka-13, R.I. Ext.Ka-14, letter C.M.O Ext.Ka-15 and sent the dead body for post mortem at Community Health Centre, Tanda. On 12.8.2002 at 2.00 p.m. Dr.V.N.Singh has conducted post mortem of deceased Smt.Saroj alias Ramzani. Under his writing and signature he prepared the post mortem report which is Ext.Ka-2. According to his report on external examination of the dead body he found that the dead body was two days' old. Her skin was peeled out and there was swelling on the face of the deceased. Her eyes were closed, tongue was out and blood was oozing out of nose. Teeth were present, fingers were closed and hairs were coming out of dead body. ;