(Per Raghvendra Kumar, J)

1. Heard learned counsel for the accused-appellant, learned AGA for the State of U.P. and perused the material available on record.

2. Under challenge in the appeal is the judgment and order dated 2.2.2010 passed by Addl. Sessions Judge/ Fast Track Court, Pilibhit in S. T. No. 528 of 2008, State Vs. Bhagwan Das, under Sections 364, 392, 302, 201 IPC, P.S. Madhotanda, District- Pilibhit, whereby the accused- appellant Bhagwan Das has been convicted for the offence under Section 302 IPC and sentenced to imprisonment for life along with a fine of Rs. 10,000/- with default stipulation of 2 years imprisonment, further convicted under Section 201 IPC and sentenced for three years imprisonment and and fine of Rs. 5000/- with default stipulation of one year additional imprisonment, further convicted for the offence under Section 392 IPC and sentenced to imprisonment for five years along with fine of Rs. 5000/- with default stipulation of one year additional imprisonment. Vide above referred judgment dated 2.2.2010 the accused Bhagwan Das has been acquitted for the offence under Section 364 IPC.

3. Briefly stated the FIR of the incident was lodged with the police on 2.7.2008 at 10 a.m. with respect to the incident dated 26.6.2008 time unknown. The place of police station has been mentioned as 13 kms. in the FIR. According to the prosecution, Smt. Chameli Devi was priest in a temple situated in Mala Forest on Madhotanda Kalinagar road. During a fair she used to reside in the temple. Remaining time she used to live at her house situated in Village- Naokood. She was aged about 60 years. She had a fracture injury. On the pretext of treatment of the fracture, the appellant- Bhagwan Das took Chameli Devi along with Rs. 8000/- received by her in gift at his motor-cycle to Pilibhit but the appellant did not reach to any hospital. The informant made an extensive search of his mother and accused- Bhagwan Das but could not know the whereabouts. He suspected that accused- Bhagwan Das in the greed of cash, has murdered his mother and is absconding. The informant since 26.6.2008 was roaming from one police station to another but his report could not be lodged. He approached with the various police station but none of them paid heed to his request of lodging FIR and ensuring the recovery of Baba Chameli Devi and later he approached to the S.P. with an application praying for registration of the case and the recovery of his mother. Thereafter the FIR was lodged at P.S. Madhotanda at Crime No. 433 of 2008, under Section 364 IPC.

4. After registration of the FIR, the investigation proceeded. The accused was arrested on 7.7.2008 and has made a confessional statement before the police that on 26.6.2008 at about 9 hours he visited Sidhbaba Mandir within P.S. Madhotanda, then he saw Baba Chameli Devi directing for Rs. 8000/- be kept and said that if she gets any conveyance, she would go Pilibhit and get herself treated. The appellant was allured of the money and offered his service by saying that he is going to Pilibhit and she may take her service. He took Chameli Devi on his motor-cycle on the assurance that he will drop her at Pilibhit. After crossing the forest out post, then he proceeded inside the jungle, went approximately 3 / 4 km. Deep and at an isolated/deserted place in the jungle, the appellant snatched/looted Rs. 8000/- from Baba Chameli Devi. When she threatened to lodge FIR, the accused strangulated her neck by his hands and left the body there and fled away by his motor-cycle. The appellant accompanied the police party in the forest and thereafter pointed towards the skeleton and stated that it is the same corpus of Chameli Devi from whom he had snatched money on 26.6.2008. The informant-complainant Ram Gopal identified the dead body by chunni etc., which was on the dead body/skeleton and started weeping after identifying the chunni of Smt. Chameli Devi. The appellant- Bhagwan Das disclosed that he had le