(Oral Hon'ble Dr. Kaushal Jayendra Thaker,J.)

1. Heard Sri A.K. Nigam, Amicus Curiae, on behalf of the appellant, Sri Ajeet Ray, learned A.G.A. for the State, and perused the record.

2. This criminal appeal challenges the judgment and order of conviction dated 5.12.2003 passed by Additional Sessions Judge, Court No. 17, Kanpur Nagar in Session Trial No.481/02: State Vs. Vijai Bajpai , convicting the appellant under section 302 I.P.C. for life imprisonment with a fine of Rs.5000/- in case of default of payment of fine, further conviction of 3 months. He is in jail since more than 15 years. .

3. The brief facts of the present case are that on 10.02.2001 at 9:10 am, it was found that some incident had occurred in the house of accused. PW-2 Virendra Tripathi informed Police Station Nawabganj about the incident and has stated that as he reached the house of accused at 8 a.m., which is around 1.5 km away from the Police Station, he found the doors of the house to be closed. He with other persons started banging on the door that the same be opened. On opening and going inside the house, he found the internal doors of the rooms to be open and all the things in the room were lying scattered. Accused -Vijay Bajpai was sleeping in the next room. He saw that Kavita Bajpai was lying in a pool of blood in another room, and Kavita's daughter Mansi and Vijay Bajpai's mother were lying dead in another room. Kavita Bajpai's body was somewhat warm and she was taken to the hospital where she was declared dead.

4. On the same day, the police was informed by LLR Hospital that Kavita was brought dead there at 10:15 am. On the same day the police who were informed started investigation under Section 394 read with 302 of Indian Penal Code (hereinafter referred to as "IPC"). The investigation for some time was directed towards dacoity with murder.

5. On the basis of the said information, a case was registered by the police u/s 394/302 IPC and the site was inspected. According to the police, as stated by PW-2 Virendra Tripathi, when he reached the spot, doors were closed from inside. Vijay Bajpai was sleeping alone in the house. On hearing his voice, he opened the door. The police found the things scattered in the rooms where dead bodies of Kavita Bajpai, daughter of accused and mother of accused were lying. Near the dead body of Kavita, a gold chain, a mangalasutra, a silver anklet and a ring etc. were found. In the room where mother's dead body was lying, fixednear the iron almirah, silver anklet, 3 silver small bowls, silver coin, 3-4 other silver anklets, artificial jewellery, bangles etc. were found, an exhibit list whereof was prepared by the police. During inspection by the police, the house was found surrounded on three sides and a 16-feet high boundary wall was found to its south, on the backside whereof school's garden and field were found. The almirah was open, keys of almirah were found in the articles scattered on the floor. A briefcase was found in the kitchen, locks whereof were found intact. Water was found on the floor of the courtyard having traces of blood visible, blood was found in the washbasin of the large courtyard as well. The door of the kitchen's store was found closed with all the belongings safe therein. On checking of all the nuts, bolts, latch (kundi) etc. of all the doors, they were found intact and no scratch or any pressure mark was found on them. Inventory of jewellery etc. was prepared and the same was given into the custody of Vijay Bajpai's sister Jaya.

6. For some months, the investigation of the police continued to be focused on dacoity. During investigation, the police came to know that there were no entry and exit marks of anybody in the house, the doors were bolted from inside. It is further alleged that on the day of the incident, accused had an altercation with his wife on issue of going to Delhi, during which he hit her on the head, which caused her death. In order to conceal the factum of the inc