Hon’ble Umesh Chandra Tripathi, J.—By way of instant criminal appeal, the appellant has challenged the legality and sustainability of the judgment and order dated 8.7.2010 passed by Additional Sessions Judge/F.T.C. Vth, Jaunpur, in Sessions Trial No. 479 of 2008 (State v. Sanjay Kumar Yadav), Police Station - Baxa, District - Jaunpur, whereby appellant Sanjay Kumar Yadav was convicted and sentenced as follows :

(i) Imprisonment for life and fine of Rs. 10,000/- and in case of default in payment of fine, to undergo additional simple imprisonment for one year, under Section 302 of the Indian Penal Code (in short ‘IPC’); and

(ii) Six months’ simple imprisonment and fine of Rs. 1,000/- and in case of default in payment of fine, to undergo additional simple imprisonment for two months, under Section 309 of IPC;

2. Both the sentences were directed to run concurrently.

3. Succinctly, facts of the case are that marriage of Phool Kumari, sister of informant Subedar Yadav s/o Ram Khelawan Yadav r/o Belhata, Police Station - Baksa, District - Jaunpur, was solemnized with Sanjay Kumar Yadav s/o Parmanand Yadav r/o Umarpur, Police Station - Baksa, District - Jaunpur. This was the second marriage of Sanjay Kumar Yadav. His first marriage was solemnized with one Madhuri, but being issueless from Madhuri, he solemnized his second marriage with Phool Kumari. Due to wedlock of Sanjay Kumar Yadav and Phool Kumari, a child Vaibhav was born. About 2-3 days before the occurrence, a verbal spat took place between Sanjay Kumar Yadav and Phool Kumari. On the date of the occurrence, that is to say, on 24.7.2008, an altercation again took place between the couple. On the same day, at about 11.00 a.m., the informant Subedar Yadav, alongwith his mother Somari Devi w/o Ram Khelawan, was going to District Court, Jaunpur for getting bail of his brother Jiledar Yadav. He asked Sanjay Kumar Yadav as to whether he would accompany them, but he replied in negative. At about 05.00 p.m., the informant and his mother reached Dhanyiamau from the Court. From there, the mother of informant went home, while the informant went to the market. After sometime, while he was returning from the market, his brother Basdev informed him that an altercation had taken place between Sanjay Kumar Yadav and Phool Kumari, whereafter they attempted to commit suicide. His sister died, while his brother-in-law Sanjay Kumar Yadav was breathing. It was requested that report be lodged and action be taken. The written report is on record and the same is marked as Ex.Ka.1.

4. Contents of written report were taken down by moharir Constable Zamanat Abbas (scribe) in the chik First Information Report (FIR No. 94 of 2008) at Case Crime No. 405 of 2008 under Section 309 of IPC at Police Station - Baksa, District - Jaunpur on 24.7.2008 at 21.30 hours (09.30 p.m.). The FIR is on record and the same is marked as Ex.Ka.6. On the basis of entry so made in the FIR, relevant entry was made in the general diary (‘G.D. kayami mukadma’) by moharir Constable Ranjeet Singh (scribe) and a case was registered against the accused at the aforesaid case crime number under the aforesaid section. The carbon copy of the G.D. is on record and the same is marked as Ex.Ka.7.

5. Thereafter, investigation of the case ensued and it was entrusted to the then S.I. D.P. Tiwari (Investigating Officer). He first of all recorded the statement of moharir Constable Zamanat Abbas and thereafter, went to the place of occurrence on the same day, i.e. 24.7.2008 and came to know that injured accused Sanjay Kumar Yadav and deceased Phool Kumari were send to District Hospital, Jaunpur. The informant and other relatives were also there in the hospital. On the next day, i.e. 25.7.2008 he went to the hospital and from there, he went to the residence of the informant Subedar Yadav, where he recorded the statement of the informant and Somari Devi and on the pointing out of the informant, inspected the place of occurrence and prepared s