Ram Surat Ram (Maurya), J.

Heard Sri Samarth Sinha, for the appellant, Sri Anil Kumar Kushwaha, A.G.A., for State of U.P.

2. Gajendra (the appellant) has filed this appeal, from his conviction and sentence passed by Additional Session's Judge, Court No. 11, Meerut, dated 05.09.2008, in S.T. No. 369 of 2007, State vs. Gajendra (arising out of Case Crime No. 7 of 2007, under Section 302, 201 IPC, P.S. Kharkhauda, district Meerut), convicting him under Section 302 and 201 IPC and awarding sentence of imprisonment for life along with fine of Rs. 10,000/- (ten thousand) under Section 302 IPC and five years rigorous imprisonment along with fine of Rs. 5000/- (five thousand) under Section 201 IPC. Both the sentences were to run concurrently.

3. On the complaint (Ex-Ka-1) of Ram Autar (PW-1), FIR (Ex-Ka-5) of Case Crime No. 7 of 2007, under Section 302, 201 IPC was registered at P.S. Kharkhauda, by Head Constable Amar Singh (PW-6) on 10.01.2007 at 13:45 hours, against Gajendra (the appellant) and his sister Samantera. It has been stated in the complaint that Sushila aged about 30 years (sister of the informant) was married to Gajendra, resident of village Kaili, PS Kharkhauda, about