JUDGMENT :

Virendra Kumar-II, J.

1. This criminal appeal has been preferred on behalf of appellant assailing impugned judgment and order dated 09.10.2007 delivered by the court of learned Additional Sessions Judge, Court No. 5 Sitapur in Sessions Trial No. 913 of 2003 (State Vs. Jabbar and Sattar) arising out of Case Crime No. 222 of 2003 under Section 302 IPC, Police Station Talgaon, District Sitapur. Co-accused Jabbar expired during the course of trial. Learned trial court abated/dropped the proceedings against him on 19.03.2007.

2. The appellant Sattar has been convicted vide impugned judgment and order dated 09.10.2007 for offence punishable under Section 302 IPC and sentenced for imprisonment for life and fine of amount of Rs. 5,000/- was also imposed with default stipulation to serve out additional rigorous imprisonment for three years.

3. Sri Izhar Hussain, Advocate has been appointed as amicus curiae vide order dated 24.01.2019 passed by this Court to conduct this appeal on behalf of the appellant.

4. We have heard Mr. Izhar Hussain, learned amicus curiae for the appellant and learned A.G.A. for the State and perused the lower court record.

5. As per prosecution version, the complainant PW-1 forwarded a written report (Ex. Ka-2) at the Police Station Talgon District Sitapur. PW-1 complainant Nattha has mentioned in his written report that he is the resident of Village Obari within limits of Police Station Ramkot, District Sitapur. His relatives reside in village Baldev Purwa, Mazra Madnapur within limits of Police Station Talgaon. He visited house of his relative Mahboob son of Bakhtawar Gaddi one day prior to the date of incident. The complainant has further mentioned that his brother Mustafa was working as labour at M/s Kanhaiya Transport, Sitapur. On 8.9.2003 his brother came at Kasaula Bridege Market from Sitapur by Truck No. UP 78 T 3486, in which, Maurang/building material was loaded. Sri Sandeep Sachan son of Ramkesh was driver of this truck. His brother and Nattha son of Huddi, resident of Village Kanba Kheda within limits of Police Station Kotwali District Sitapur, were unloading the truck near the place of occurrence. The complainant has mentioned that he was present near this place, where the aforesaid truck was being unloaded by the deceased. Other persons were also present on the shops situated near place of occurrence.

6. The complainant has also mentioned in his written report that appellant Sattar and co-accused Jabbar (since dead) came at about 9:30 a.m. and dragged his brother from the place where he was unloading truck, abused him and brought him behind shop of Kadir. They assaulted him with sickles (Banka). They gave several blows with sickle, therefore his brother fell down on the place of occurrence. The complainant and witnesses Haider Ali, Mahboob and other persons tried to save the deceased Mustafa, but the appellant and co-accused Jabbar threatened them brandishing Banka to eliminate them also and abused them by stating that they will cut all of them like the deceased. No body could muster courage to save the deceased. The appellant and co-accused fled away from the place of occurrence brandishing their Banka. The complainant disclosed this fact in the written report that deceased Mustafa solemnized marriage with wife of Jabbar eight years ago. The appellant and co-accused Jabbar (since dead) has committed murder of the deceased due to this reason. It is mentioned in the written report that dead body of the deceased was lying at the place of occurrence.

7. On the basis of written report of the complainant, check F.I.R. (Ex. Ka-4) of Crime No. 222 of 2003 under Sections 302, 504 and 506 IPC was registered on 8.9.2003 at 10:30 a.m. The G.D. (Ex. Ka-5) of registration of this crime was prepared.

8. The Investigating Officer prepared inquest report (Ex. Ka1) of the dead body and sent corpse of the deceased for autopsy. The postmortem report (Ex. Ka-3) was prepared by the concerned doctor. The Investigating