Mohit Kumar Shah, J. – The present appeal has been preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment of conviction and order of sentence dated 17.05.2017 and 23.05.2017 respectively, passed by the learned Court of Additional District and Sessions Judge-1st, Gaya (hereinafter referred to as the ‘learned Trial Judge’) in Sessions Trial No.601 of 2013 (S.J.)/31 of 2017 (arising out of Paraiya P.S. case No.89 of 2012 corresponding to G.R. No.4159 of 2012), whereby and whereunder the learned Trial Judge has convicted the appellant No.1 under Section 302 and 120(B) of the Indian Penal Code, 1860 (hereinafter referred to as the ‘I.P.C.’) and the appellant No.2 under Section 120(B) of the I.P.C. By the said order dated 23.05.2017, the learned Trial Judge has sentenced the appellant No.1 to undergo rigorous imprisonment for life under Section 302 of the I.P.C. with fine of Rs.25,000/- and in default thereof, he has been directed to further undergo rigorous imprisonment for two years. The learned Trial Judge has further sentenced both the appellants to undergo rigorous imprisonment for life under Section 120(B) of I.P.C. with fine of Rs. 25,000/- and in default thereof, they have been directed to further undergo rigorous imprisonment for two years. All the sentences have been directed to run concurrently. The learned Trial Judge has also directed that 50% of the fine amount will be given to the children of the deceased under Section 357 of the Cr.P.C.

2. The short facts of the case are that on 14.10.2012 at 07:15 a.m., the fardbeyan of the informant, namely Bindu Devi, wife of the deceased was recorded by the Sub Inspector of Police, namely Shri Hari Ojha, S.H.O. Paraiya Police Station. In the fardbeyan, the wife of the deceased, namely, Bindu Devi has stated that on the previous night, she was sleeping with her husband on the same bed in the room adjacent to courtyard and all the four children were sleeping in the adjacent room. At about 11:00 p.m. in the night of 13.10.2012, Dharmendra Das (appellant No.1) had called her on her mobile from mobile number 7352209692, who stays at Budh Paraiya, P.S. Paraiya, District Gaya and works as a doctor. The said Dharmendra Das upon having called the wife of the deceased had told her that he has arrived near the river, whereafter the wife of the deceased on the pretext of going to the urinal had gone outside and opened the main door of the house, whereupon Dharmendra Das had entered inside the house and had taken the knife kept in the house from two days back and at that time the deceased (husband of the informant Bindu Devi) was sleeping, whereafter the wife of the deceased had gone to the adjacent room where the children were sleeping. After 10 minutes, a noise ‘oof’ (screaming) was heard and after 15 minutes, Dharmendra Das had come out of the room and called her, whereupon she had come out from the room in which the children were sleeping and upon looking at the bed on which her husband was lying, Bindu Devi found that the neck of her husband had been cut and one big knife had been inserted in the stomach of her husband. Thereafter, Bindu Devi became perplexed but Dharmendra Das told her not to worry since her husband Arjun Ram used to harass her and now the problem has been solved. The said Dharmendra Das had then told Bindu Devi not to disclose about the incident to anyone. Bindu Devi has next stated that thereafter, she started crying but in the meantime Dharmendra Das had taken her mobile along with him and fled away. Thereafter, the children had woken up but her elder daughter Deepa Kumari (aged about 12 years) was sleeping. Bindu Devi is stated to have then gone to the house of her brother-in-law, namely, Mohan Das (PW-2) and had told him, his wife, his daughter-in-law and his daughter about the incident as also had requested them to go to the Police Station but they told her that lot of force was presen