Pradeep Kumar Singh Baghel, J. - (1.)The appellants have preferred this criminal appeal against the judgment and order dated 03rd March, 1989 passed by the Vth Additional District & Sessions Judge, Aligarh in Session Trial No. 454 of 1988 (State v. Birma and another) convicting and sentencing both the appellants, namely, Birma and Guddi under Section 302/34 of the Indian Penal Code1 to imprisonment for life.
(2.)The deceased--Beni Singh was son of the accused-appellant no. 1 and husband of accused-appellant no.
(3.)P.W.-2 Raghuvir submitted a written complaint (tehrir) on 09th May, 1988 before the Station House Officer of Police Station Dehli Gate, District Aligarh wherein he mentioned that appellant no.1--Birma has illicit relationship with his daughter-in-law Guddi, wife of his son Beni Singh. The said relationship was known to the locality. For the said reason in the night (8/9th May, 1988) both the accused-appellants have murdered Beni Singh and they were preparing to dispose of his body. The incident of killing Beni Singh by the aforesaid two accused-appellants was witnessed by Maharaj Singh and Mahesh Chandra, who are residents of Nagla Mahtab, Police Station Dehli Gate, District Aligarh, and some other people. On the basis of the said complaint (tehrir) a chik first information report2 was prepared and the FIR was accordingly registered at 07.15 A.M. on 09th May, 1988 itself as Case Crime No. 131 of 1988, under Section 302 I.P.C.