(1.) Heard learned counsel for the appellants, Smt. Smiti Sahay, learned A.G.A. for the State and perused the lower court record.
(2.) Under challenge in this appeal is the judgment and order dated 21.8.2004 passed by the learned Additional Sessions Judge, Court No. 5, Unnao arising out of Case Crime No. 1017 of 2003, whereby appellant Rashid Ali was convicted for the offence under Sections 364, 302 and 201 I.P.C. For the offence under Section 364 I.P.C., he was sentenced to undergo rigorous imprisonment for a period of seven years and also with fine of Rs. 5,000/-, with default stipulation of six months rigorous imprisonment. For the offence under Section 302 I.P.C., he was sentenced with imprisonment for life and also with fine of Rs. 10,000/- with default stipulation of one year additional imprisonment. For the offence under Section 201 I.P.C., he was sentenced to undergo rigorous imprisonment for seven years and also with fine of Rs. 5,000/- with default stipulation of six months additional imprisonment.
(3.) It is a case of circumstantial evidence. The appellant happens to be the son in law of the complainant. The deceased was the real brother of the wife of the appellant meaning thereby he was his brother in law. The appellant also happens to be the real maternal uncle of the deceased. The marriage of the daughter of the complainant with the appellant was solemnized in the month of May 2002 and this incident has taken place on 16.5.2003.
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