PANKAJ NAQVI,J. - (1.) This criminal appeal assails the judgment and order dated 8.7.2005 passed by Addl. District & Sessions Judge, Court No.14, Allahabad in S.T. No.907 of 2003, convicting the appellant under Section 302 I.P.C. to life imprisonment with fine of Rs. 10,000/-, and a default sentence of 1 year and under Section 201 I.P.C. to 2 years R.I, with fine of Rs. 1000/- and a default sentence of one month. Both the sentences were to run concurrently. The prosecution case unfolds as under- The daughter of PW-1 (informant), aged about 4 years went missing on 16.6.2003, while playing near the house of the accused Sita Devi. PW-1 along with his family members made frantic searches for the daughter but without any success. PW-1 alleged that the accused Sita Devi is a woman of easy virtues, in relationship with co-accused Sant Lal, the daughter of PW- 1 while playing at the house of accused -Sita Devi, picked up a quarrel with her daughter. On suspicion of involvement of both the accused, PW-1 along with co-villagers including Shiv Mangal (PW-4 / the scribe) and Ramraj (PW-3) went to the house of accused Sita Devi to find a tin canister, containing the body of the deceased daughter in boiled state at around 7 on 18.6.2003 at around 7 A.M, while accused Sita Devi was present in her house. She confessed that she along with co-accused Sant Lal strangulated the victim to death and were in the process of disposing the body. PW-1 alleged that right from day one, needle of suspicion was on Sita Devi, who was brought to the police station.
(2.) On above allegations, a written report (Exbt. Ka-1) dated 18.6.2003, scribed by PW-4, came to be lodged which generated an FIR on the same day as Case Crime no. 182 of 2003, under Sections 302, 201 IPC at 10:30 P.M.
(3.) PW-9 the I.O, on 18.6.2006 recorded the statement of the informant, the accused, inspected the scene and directed PW-8 to conduct the inquest of the body of the deceased, found in the house of accused in a tin canister in a boiling state with Mahua extract (a fruit source for country-made liquor) over an earthen stove. PW-9 authenticated the siteplan (Exbt. Ka-13). He carried out other investigational formalities including the preparation of a recovery memo of the despatch of the tin canister and submission of a charge sheet against Sita Devi and Santu @ Sant Lal.;