Anil Kumar Srivastava, J. - (1.)Instant appeal has arisen against the judgment and order dated 26.9.2008, passed by the learned Additional Sessions Judge, Lucknow in Session Trial No.387 of 2007 and 388 of 2007, arising out of case crime no.124 of 2007 and 126 of 2007, Police Station Bazar Khala, District Lucknow, whereby the learned trial court has convicted and sentenced the accused under Sec. 302 Penal Code for imprisonment for life and fine of Rs.50,000.00 with default stipulation of one year imprisonment, under Sec. 307 Penal Code rigorous imprisonment of five years and fine of Rs.5000.00 with default stipulation of six months imprisonment, under Sec. 504 Penal Code rigorous imprisonment for six months and under Sec. 4/25 Arms Act rigorous imprisonment for six months. All the sentences were directed to run concurrently.
(2.)Feeling aggrieved, accused-appellant has preferred the appeal from jail. He was not represented through any counsel, hence, the services of amicus curiae were provided to the accused-appellant.
(3.)According to the prosecution version, first information report was lodged by Nafees on 30.3.2007 at 15:05 hrs at Police Station Bazar Khala, District Lucknow stating that his sister Raisa alongwith her son and two daughters was at his house. Mother of the informant and Guddi Bhabi were also present. At about 01:30 PM his brother in law Bablu Khan came to his house and assaulted Raisa by knife, who was seriously injured. When mother of the complainant came to save Raisa, she also suffered injuries. Raisa was taken to the trauma centre. On the report of the informant a case under Sec. 307, 504 Penal Code was registered at Police Station Bazar Khala. Raisa succumbed to her injuries. Case was converted under Sec. 302, 504 IPC. Investigating Officer conducted the inquest proceedings on 31.3.2007. Dead body was sealed and sent for postmortem which was done on 31.3.2007 at 01:00 PM by PW-5 Dr. R.K. Porwal. Statement of witnesses were recorded. On 31.3.2007 Investigating Officer arrested the accused and recovered the knife on his pointing out. Site plan was prepared. A piece of blood stained carpet was recovered from the place of incident. After investigation separate chargesheet under Sec. 4/25 Arms Act and 302 Penal Code was submitted against the accused.