Saral Srivastava, J. - (1.) This appeal is directed against the judgement and order dated 13.03.1991 passed by II Additional Sessions Judge, Shahjahanpur, in S.T. No.33 of 1990, whereby the appellants Maikoo, Baboo and Badshah have been convicted and sentenced under Section 302 read with Section 34 I.P.C. with life imprisonment.
(2.) Heard Sri Subodh Kumar assisted by Sri Udit Chandra, learned counsel for the appellants and Sri Ali Murtaza, learned A.G.A. for the State. Perused the lower court's record.
(3.) The prosecution story in brief is that one Shyam Kunwar Devi was married to Paltu. It is alleged that Paltu used to take alcohol and on account of this habit, the wife of Paltu, Shyam Kunwar Devi entered into illicit relationship with one Tuntun @ Jai Prakash Srivastava s/o Ram Sankar Lal Srivastava (hereinafter referred to as 'Tuntun'). It is alleged that on account of illicit relationship between Tuntun and Shyam Kunwar Devi, there was quarrel between Paltu and Shyam Kunwar Devi. Despite the quarrel between Paltu and Shyam Kunwar Devi, she did not stop her illicit relationship with Tuntun. Further story of prosecution is that on 10.01.2005 Shyam Kunwar Devi got encashed F.D. of Rs.7,000/- on a premature date and gave it to Tuntun to discharge the debt. When Paltu came to know about the said transaction, he enquired from Tuntun and Tuntun alongwith Paltu came at about 8:00 PM to the house of Paltu. Thereafter, Paltu enquired from Tuntun about the aforesaid money transaction, on which, Shyam Kunwar Devi started quarrel with Paltu and Paltu slapped his wife Shyam Kunwar Devi. On this Tuntun instigated Shyam Kunwar Devi to beat Paltu and Shyam Kunwar Devi and Tuntun started beating Paltu. The prosecution story further is that after sometime Tuntun left the house and Shyam Kunwar Devi closed the door. On the next morning, it was revealed that Paltu had died;