(1.) Mr. Gulam Mustafa, learned counsel for the appellant and Mr. Umesh Verma, learned Additional Government Advocate were heard at length.
(2.) Under Challenge in the instant criminal appeal is the judgment and order dated 29.01.2013 passed by learned Additional Sessions Judge, Court No.9, Sitapur, in Session Trial No.804 of 2009, arising out of Case Crime Nos.779 of 2009, under Section 302 IPC, Police Station Mishrikh, District Sitapur whereby the appellant Shrawan Kumar was convicted for the offence under Section 302 IPC and was sentenced to undergo imprisonment for life and also with fine of Rs.2000/- with default stipulation of six months' additional imprisonment.
(3.) In brief, the case of the prosecution was that the complainant Smt. Ram Devi lodged an FIR at Police Station Mishrikh, District Sitapur on 20.08.2009 at 11:00 a.m. alleging therein that her son-in-law Shrawan Kumar (appellant) had come to her house about five days prior to the incident and for the last about five days he was living in her house. In the intervening night of 19/20-08-2009 she was sleeping alongwith her two sons namely Rajesh and Babloo in the field. The deceased Sant Kumari and the appellant and her daughter Km. Anita were sleeping in the house. In the morning when she came to her house from the field then she found that doors of the room were open and the dead body of Sant Kumari was lying on the floor. Her mouth was gagged with a cloth and there was a knot of cloth around her neck and appellant Shrawan Kumar was not present there and he could not be traced out in the village.