Anil Kumar Srivastava-II, J. –

Heard Mr. Abdul Rafey Siddiqui, learned Amicus Curiae for the appellant and Shri Umesh Verma, learned AGA for the State.

2. Instant appeal has arisen out of the judgment of conviction and sentence passed by Additional Sessions Judge, Court No.5, Unnao inSession Trial No.549 of 2004 arising out of Case Crime No.150 of 2004, under Sections 376 /302 IPC State v. Shri Kant, Police Station-Maurawan, District-Unnao whereby learned trial court has acquitted accused appellant under section 376 IPC and convicted under Section 302 IPC and sentenced him with imprisonment for life and along with fine of Rs. 1000/- with default stipulation of three months' simple imprisonment.

3. According to the prosecution version, deceased 'A'(name of victim is not being disclosed) wife of Bhagauti Prasad was living in village-Jangalia Khera, Mazre, P.S. Maurawan, District-Unnao. Complainant Bachchu Lal is brother-in-law (Dewar) of the deceased. Husband of the deceased was living in Punjab. On 23.05.2004 at about 10.30PM, appellant came in the house of deceased and committed rape upon her when she raised an alarm then she was strangulated to death. Dead body of deceased wa