JUDGMENT

Dr. Mukundakam Sharma

1.The present appellant has preferred this appeal being aggrieved by the judgment and order dated 10.02.2006 passed by the Allahabad High Court upholding the order of conviction and sentence passed by the Second Additional Sessions Judge, Banda against the appellant under Section 302 of the Indian Penal Code [for short ‘IPC’] and sentencing him to life imprisonment.

2.The aforesaid Sessions Trial case was registered for an offence punishable under Section 302 IPC for allegedly committing murder by the present appellant Chunni Lal of his uncle Heera Lal at about 8.00 p.m. on 07.05.1978 in village Baramafi, Police Station Pahari, District Banda.

3.The First Information Report [for short ‘FIR’] was lodged by Juggi Lal [PW-1] who is allegedly an eyewitness to the occurrence and the same was lodged at 08.05.1978 at 6.30 a.m. The deceased Heera Lal was the uncle of the accused Chunni Lal inasmuch as both Ramdeo and Heera Lal were sons of Ram Ratan. Heera Lal was unmarried but was keeping one Kainya alias Chandrakaliya as his mistress or concubine for the last about 25-26 years preceding the incident. She was earlier married to one Jagannath Kalar but sometime