JUDGMENT

Suneet Kumar, J.—Heard Sri Mohit Behari Mathur, Amicus Curiae, for the appellant and learned A.G.A. for the State.

2. The instant appeal has been filed against the judgment and order dated 22.06.2019 passed by Additional Sessions Judge, Fast Track Court, Sonbhadra, in Sessions Trial No. 66 of 2014 (State Versus Chatthoo Chero) under section 302 I.P.C., convicting the appellant.

3. As per prosecution case, the appellant/complainant lodged F.I.R. being Case Crime No. 120 of 2014, under section 302 I.P.C. on 30.04.2014, at 10.05 a.m. alleging that as per usual routine the family after taking dinner retired to sleep. The wife of the complainant/deceased (Shakuntala Chero), aged about 42 years, alongwith infant child, aged about three years, went to sleep at the DHABA behind the house. The complainant and his other two sons and two daughters slept in the DHABA on the opposite side of the house. In the morning, his son Kamlesh went behind and saw his mother (deceased) lying dead on the cot; there was blood all over and he ran and informed the complainant.

4. It is alleged that some unknown person caused injury on the neck by a sharp weapon. The incident occurred in the nigh