IMTIYAZ MURTAZA and K.N. PANDEY,

1. Impugned herein is the judgment and order dated 2.3.2009 rendered by Addl. Sessions Judge Court No.6 Allahabad (Court No.6) in S.T. No. 393 of 2007 State v. Ram. Samujh and others whereby the appellant was convicted under section 302 IPC and punished with death penalties together with a fine of Rs. 5000/- attended with their conviction under section 201 IPC and sentence of imprisonment for seven years.

2. It would appear from the record that the initial report was made by Ram Nath, father of Ram Samujh on 11.9.2006 at 9.30 a.m. to the effect that Urmila and her daughter Soni had gone for easing themselves in the morning and when they did not return, search was made and after assiduous search, their bodies were noticed to be floating in the village pond at about 7 a.m. It is further stated in the report that it appeared that the deceased Urmila slipped into the pond while cupping her hands for water from the pond for washing. The Information was noted in G.D report No. 15 at 9.30 a.m. and the police party rushed to the spot and fished out dead bodies from the pond and thereafter, prepared panchnama which commenced at 9.30 a.m. Subsequently