Appropriate sentence should be awarded after giving due consideration to the facts and circumstances of each case, nature of offence and the manner in which it was executed or committed.

Sudhir Agarwal, J.

This Jail Appeal under Section 383 Cr.P.C. through Superintendent of Jail, Hathras has been filed by accused-appellant, Kalicharan against judgement and order dated 11.04.2012 passed by Sri Sanjay Kumar, Additional Sessions Judge, Court No. 4, Hathras in Sessions Trial No. 297 of 2010 relating to Case Crime No. 340 of 2010, P.S. Sasni, District Hathras, convicting accused-appellant under Section 302 IPC and sentencing him to undergo life imprisonment with a fine of Rs. 5000/- and in default of payment of fine, he has to undergo further additional imprisonment of one year.

2. Factual matrix of the case as emerging from First Information Report (hereinafter referred to as "FIR") as well as material placed on record is as follows.

3. An FIR Ex.Ka-1 dated 03.08.2010 was presented in Police Station Sasni, District Mahamaya Nagar by Informant PW-1 Mukesh Kumar, alleging that in the night preceding 03.08.2010 at about 12:30 AM, Informant's real brother Kalicharan committed murder of his wife Smt. Kiran Devi by chopping her neck from back side with spade while she was sleeping under tin-shed, on apprehension of her having illicit relations with someone. As soon as, Informant's son Master Sachin aged about 9 years cried, he was silenced. After some time, accused-appellant Kalicharan fled away. On coming to know about the incident, Informant had gone to police station for furnishing information. FIR further recites that dead body of Informant's Bhabhi (elder brother's wife) was lying at his house.

4. On receipt of written report Ex.Ka-1, Chik Report Ex.Ka-7 was prepared by PW-4 Constable Mahavir Singh who registered the case under Section 302 IPC at Case Crime No. 340 of 2010. An entry of case was made in General Diary on 03.08.2010 at 08:30 AM, a copy of which is Ex.Ka-8 on record. Immediately after registration of case, investigation was undertaken by PW-5 Sri R.N. Singh, the then Station House Officer at Police Station Sasni, who took copies of written report and Chik FIR and proceeded to place of occurrence. He recorded statements of Informant, Village Chowkidar Satish Kumar, Head Moharrir and eye witnesses, namely, child witness Sachin PW-2, wife of Informant and his mother. PW-5, Investigating Officer (hereinafter referred to as "I.O."), prepared site plan Ex.Ka-9 and under his instructions, S.I. Khem Singh Jalal took sample of bloodstained and simple earth, sealed them in separate packs and prepared recovery memo Ex.Ka-3. He also prepared Inquest, took into possession broken pieces of bangles of deceased and prepared recovery memo Ex.Ka-4 in respect thereof. Weapon i.e. bloodstained spade used in the crime was recovered on pointing out of accused-appellant and taken into possession, in respect whereof, recovery memo Ex.Ka-5 was prepared. Thereafter, dead body was duly sealed and sent for postmortem to District Hospital Hathras along with letter of request Ex.Ka-11 to Chief Medical Officer and other necessary documents i.e. Challan Nash Ex.Ka-12, Photo Nash Ex.Ka-13. Thereafter, Material Exhibits i.e. Ex.1 simple earth, Ex.2 bloodstained earth, Ex.3 pieces of bangles and Ex.4 spade were sent to forensic laboratory for chemical examination.

5. Autopsy over the dead body of deceased Smt. Kiran Devi was conducted by PW-3 Dr. Neeraj Agarwal, Medical Officer, C.H.C. Sadabad, Mahamaya Nagar on 03.08.2010 at about 03:00 PM. On external examination, deceased was found of average body built, aged about 28 years, rigor mortis had passed through upper extremities and present in lower extremities. In the opinion of doctor, death had occurred about half a day before at the time of autopsy. He found following ante mortem injuries on her person :

"Incised wound 10 cm x 5 cm, bone deep on the left lateral aspect of neck, extending to the back of neck. All mucus and neck vessels were cut alongwith C3 vertebra which was also cut. Trachea was also found cut." (Emphasis added)

6. On internal examination, spinal cord and ver