By the Court.—Since the instant jail appeal is of the year 2012 and listed for its disposal during summer vacation under the heading “Notified Listed” cases, no one turns up on behalf of the appellant though Sri R.K. Mishra, Advocate was previously appointed as amicus curiae. The appellant is admittedly languishing in jail and is not having proper means to engage any counsel to argue the case on his behalf, therefore, we appoint Sri Lal Chandra Mishra as amicus curiae to argue the case on behalf of the appellant in order to safeguard his interest.

2. By way of the instant jail appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 13.9.2011 passed by Additional Sessions Judge, Court No. 8, Allahabad, in Sessions Trial No. 189 of 2011 State of U.P. v. Manti Lal, arising out of Case Crime No. 302 of 2010, under Sections 302, 404 IPC, Police Station-Sarai Inayat, District-Allahabad whereby the appellant has been sentenced to life imprisonment coupled with fine Rs. 10,000/- under Section 302 IPC, with default stipulation for six months’ additional rigorous imprisonment and one year rigorous imprisonment coupled with fine Rs. 1,000/-, with default stipulation for one month additional rigorous imprisonment. Both the sentences were directed to run concurrently.

3. Heard Shri Lal Chandra Mishra, learned Amicus Curiae for the appellant, Shri K.C. Pandey learned AGA for the State and perused the record.

4. The prosecution story as unfolded through the record reflects that the informant Munna Bind son of late Ganpat Bind, resident of Village-Hazipur, Police Station Sarai Inayat, District Allahabad, lodged the written report on 6.10.2010 at 10:15 a.m. qua recovery of the dead body of his brother’s wife Urmila Bind from field alleging therein that she had gone to answer nature’s call in the evening around 6:00 p.m. on 5.10.2010 but she did not return home. After search, her dead body was recovered around 8:00 a.m. on the next morning from field of millet and blood was oozing out from her nose and mouth. An apprehension was expressed that someone had committed her murder. It was prayed that report be lodged and action be taken. The written report is Ext. Ka-1.

5. Contents of the aforesaid information were taken down in the Check FIR on 6.10.2010 at 10:15 a.m. at aforesaid police station at Case Crime No. 302 of 2010 under Sections 302, 201 IPC. Check FIR is Ext. Ka-2. On the basis of entries so made in the check F.I.R., a case was registered in the relevant G.D. at serial No. 24 on 6.10.2010 at 10:15 a.m. at aforesaid case crime number at Police Station Sarai Inayat under aforesaid sections of I.P.C. against appellant, which is Exhibit Ka-3.

6. The investigation ensued soon after registration of the case. The investigation of this case was entrusted initially to S.I. Pawan Kumar Patel PW-8 who after obtaining copy of the First Information Report and after making relevant entries in the case diary, proceeded to the spot and got prepared inquest report of the deceased under supervision of the concerned Naib Tehsildar Mahatma Singh (PW-7) who was present on the spot. The Investigating Officer appointed inquest witnesses and prepared inquest report of deceased Urmila Bind. Its preparation commenced at 12:15 p.m. on 6.10.2010 and completed at 14:30 hours. In the opinion of the inquest witnesses and the Investigating Officer, it was thought proper to send the body for postmortem examination for ascertaining real cause of death. The inquest report is Exhibit Ka-7.

7. In the process, relevant papers for sending dead body for autopsy were prepared which are letter to R.I., letter to CMO, challan dead body Police Form No. 13, photonash and specimen of seal. These papers have been exhibited as Ext Ka-9, Ext. Ka-10, Ext. Ka-11, Ext. Ka-12 and Ext. Ka-13, respectively. The Investigating Officer also prepared site plan of the place of occurrence as Exhibit Ka-17.

8. Record reflects that po