Hon'ble Bala Krishna Narayana,J.

Hon'ble Krishna Pratap Singh,J.

Heard Sri Vinod Singh, learned counsel for the appellant and Sri Saghir Ahmad, learned AGA for the State.

This criminal appeal is directed against the judgment and order dated 29.11.2011 passed by Additional Sessions Judge, Khurja, District Bulandshahar in S.T. No. 470 of 2009 (State Vs. Rampal) by which he has been convicted and sentenced to imprisonment for life under Section 302 IPC and a fine of Rs. 5000/- and in default of payment of fine one year additional imprisonment.

Briefly stated the facts of this case are that on the basis of the written report Ext. Ka-24 given by appellant Rampal at P.S. Khurja Nagar District Bulandshahar on 22.02.2009 at 00.50 hours, case crime no. 105 of 2009 under Sections 147, 148, 452, 302 and 34 IPC in respect of an incident which had allegedly taken place on 21.02.2009 at about 11.30 p.m. in which his wife Anita aged about 35 years and his daughter Jyoti aged about 2-1/2 years were allegedly murdered by Sandip, Ramapati and three unknown persons. Check FIR Ext.Ka-3 and relevant G.D. entry Ext. Ka-4 vide Rapat no. 2 at 00.50 hours dated 22.02.2009 were prepared.

2. In the written report of the occurrence it was stated that when the appellant came out of his house on 21.02.2009 at about 9.00 p.m. for going to his field for irrigating the same, he heard voices of some people talking coming out from his neighbour's house which indicated that they were planning something evil. When the appellant returned from his field and reached his house at about 11.30 p.m., although it was quite dark, he saw 5-6 persons including Ramapati and Sandip who were inimical towards him and who harbored animosity against him on account of his having lodged a first information report against Ramapati under Section 302 IPC, coming out from his house. In the written report it was further stated that when the appellant entered into his house he saw his wife Anita and his daughter Jyoti lying dead on the floor on which he started shouting and informed his brothers and other neighbors about the occurrence The double murder committed by Ramapati and his accomplices was a fall out of the aforesaid enmity. He then went to the police station to lodge the FIR. The investigation of this case entrusted to PW-7 Inspector Vijay Prakash who visited the place of occurrence on 22.02.2009 and after inspecting the same prepared its site plan Ext.Ka-20. He also collected plain and blood stained earth and seized blood stained clothes of Rampal from the crime scene and prepared the recovery memo of the aforesaid articles Ext.Ka-18 and Ext.Ka-19. After holding the inquest of the corpse of Km. Jyoti, he prepared the inquest report Ext.Ka11 and other related documents, namely, Panchayatnama Ext.Ka-11, police form no. 13 Ext.Ka-12, letter addressed to R.I. and C.M.O. Ext.Ka.-13 and Ext.-14, photo lash Ext.Ka-15 and impression of specimen seal Ext.Ka-16. He then conducted the inquest on the cadaver of Smt. Anita and prepared her inquest report Ext.Ka-5 and other related documents, police form no. 13 Ext.Ka-6, letter addressed to R.I. Ext.Ka-7, letter addressed to C.M.O. Ext.Ka-8, photo lash Ext.Ka-9 and impression of specimen of seal Ext.Ka-10. Thereafter he got both the dead bodies sealed and then dispatched to District Hospital Bulandshahar for conducting the post mortem. The post mortem on the cadavers of Anita and Jyoti were conducted on 22.02.2009 in District Hospital, Bulandshahar by PW-3 Dr. Narendra Dutt, who prepared their post mortem reports Ext.Ka-1 and Ext.Ka-2.

The investigating officer on the basis of the evidence collected by him during the course of investigation found the complicity of the appellant informant Rampal in the double murder and arrested him. After being arrested, he confessed having committed the murder of his wife and daughter and expressed his willingness to get the knife with which he had committed the double murder recovered. Pursuant