Hon’ble Arvind Kumar Mishra-I, J.—The aforesaid criminal appeal has been preferred by appellant Gulab against the judgment and order of conviction dated 28.7.2006 passed by the Sessions Judge, Banda, in Sessions Trial No. 26 of 2005, State v. Gulab and others) arising out of Case Crime No. 54 of 2004, Police Station Badausa, District Banda, whereby appellant has been sentenced to life imprisonment under Section 302 I.P.C. coupled with fine Rs. 10,000/-, default stipulates one year additional simple imprisonment.

2. We have heard Sushri Sakshi Keserwani and Sri Rajrshi Gupta, learned counsel for the appellant and Sri Saghir Ahmad, Sri J.K. Upadhyay and Kumari Meena, learned AGAs for the State and perused the record of this Criminal Appeal.

3. The factual evolution of this appeal comes into being with the recording of dying declaration (Exhibit Ka-7) of victim Abdul Hafeez alias Pappu son of Mumtaz on 20.4.2004 between 6.05 p.m. to 6.20 p.m.-by P.W.8 Raj Bahadur, Naib Tehsildar/Magistrate, Banda. Then course of events passes on to lodging of FIR at Police Station Badausa on 21.4.2004 at 22.30 hours regarding the occurrence allegedly taken place on 20.4.2004 in the morning around 05.30 a.m. at village Bagaichapurwa, Police Station Badausa, District Banda by the injured/deceased Abdul Hafeez @ Pappu with the allegations that the first informant (deceased) returned with his wife Shamshad Bano from her ‘Maika’ in village Kalahra within Police Station Kotwali Naraini, in the evening of 19.4.2004. Same day in the evening at about 10 p.m., informant’s brother-in-law Gulab alongwith Raheem came to his house and stayed there whole night. On the following morning (20.4.2004), the first informant went to attend natures call and when returned from there, he saw his brother-in-law Gulab and his wife Shamshad Bano in compromising position on the bed, whereupon both of them caught him and in the meanwhile, Raheem, who was standing outside also came in, when Gulab poured kerosene oil on him with intention to kill him, Raheem gripped him while his wife Shamshad Bano set him on fire with the help of match-stick due to which he sustained severe burn injuries.

4. Contents of written report (Ext. Ka-1) were noted in the concerned check FIR at police station Badausa on 21.4.2004 at 22.30 hours at Case Crime No. 54 of 2004, under Section 307 IPC. Check FIR is Exhibit Ka-3 on record.

5. On the basis of entries made in check FIR, case was registered against the accused-appellant in the general diary at serial No. 32 at aforesaid case crime number under Section 307 IPC on 21.4.2004 at the same police station, which is Exhibit Ka-4 on record.

6. The case was investigated into by the Investigating Officer R.D. Chaudhary PW-7. He took steps by recording statement of various persons including prosecution witnesses Rasool Khan and the injured Abdul Hafeez @ Pappu. He prepared site plan of the place of occurrence on 22.4.2004 and proved the same as Exhibit Ka-6. He also prepared recovery memo of empty container of kerosene oil and partly burnt bed sheet, which is Exhibit Ka-2 on record.

7. Thereafter, investigation was taken over by Ajay Prakash Srivastava, PW-10 on 23.4.2004. On the basis of information received from Mumtaz, father of the deceased, the case was converted from Section 307 IPC to Section 302 IPC.

8. In this context, relevant general diary entry at serial No. 6 dated 23.4.2004 at 6.55 a.m. was made. Thereafter, the Investigating Officer Ajay Prakash Srivastava PW-10 proceeded to prepare inquest of deceased Abdul Hafeez @ Pappu at village Bagaichapurwa, Police Station Badausa, District Banda. Preparation of inquest commenced at 8.10 a.m. and completed at 9.30 a.m. Inquest report is Exhibit Ka-9.

9. In the opinion of inquest witnesses, it was thought proper to send dead body of the deceased Abdul Hafeez @ Pappu for post-mortem examination so that real cause of death could be ascertained. In the process, certain relevant papers were prepare