SANTOSH @ BABU Vs. STATE OF U P

JUDGEMENT

(1.) Present Jail Appeal is directed by accused-appeallant-Santosh @ Babu through Superintendent of Jail, against the judgment and order dated 18.10.2012 passed by Additional Session Judge, Court No. 7, District Varanasi in Session Trial No.58 of 2010 (State v. Santosh @ Babu), under Sections 302 and 201 IPC, Police Station Jansa, District Varanasi, whereby Trial Court has convicted accused Santosh alias Babu and sentenced him to life imprisonment and a fine of Rs.15,000/- under Section 302 IPC, 5 years R.I. and a fine of Rs. 5,000/- under Section 201 IPC.

(2.) Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

(3.) A written report Ex.Ka-2 dated 01.11.2009 was presented in Police Station Jansa, District Varanasi by Informant PW-3 Hori Lal, alleging that her daughter Shanti Devi was married to one Suresh but she had been widow eight years prior to occurrence. Her son aged about 10 years lived with PW-1. Victim Shanti Devi lived alone in village Permanandpur and developed illicit relationship with accused Santosh. They were living together after the death of husband of Shanti Devi.