ORDER :

Rajendra Kumar-IV, J.

1. Present jail appeal has been filed against the judgment and order dated 08.08.2016 passed by Sri Jai Mangal Sharma, Sessions Judge, Kannauj in Session Trial No.190 of 2012 (State of U.P. Vs. Kallu @ Yogendra @ Anshu) under Sections 302 and 201 IPC, Police Station Tirwa, District Kannauj whereby Trial Court has convicted the accused Kallu @ Yogendra @ Anshu and sentenced him to rigorous imprisonment for life with a fine of Rs.10,000/-under Section 302 IPC and in default of payment of fine, further imprisonment of one year and rigorous imprisonment for three years with a fine of Rs.3000/-under Section 201 I.P.C. and in default of payment of fine, further imprisonment of six months. All sentences shall run concurrently.

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. The brief facts of prosecution story is that on 12.2.2012, at about 6:00 p.m., Brij Lal, aged about 55 years, younger brother of Informant Desh Raj, had gone to natural call (Latrine) saying to his wife -Shanti Devi PW-1 to cook food (Roti of Makka and potato vegetable) but did not return back to his house till late night. Then Informant along with villagers went in search of his brother. Next day i.e. on 13.2.2013, dead body of Brij Lal was found lying in back side of house of one Rajendra, situated in village Saraiya, head was missing from the dead body and there were many knife injuries on the body of deceased. It was suspected by Informant that his brother was assassinated by some one.

4. A Written Tehrir Ex. Ka-5 was scribed by P.W.-4 Naresh Singh under the dictation of Desh Raj (not examined due to death), who presented it in Police station Tirwan. On the basis of Written Tehrir Ex.Ka-5, Chick F.I.R. Ex. Ka-6 was written by Constable Shrinath P.W.-5 at Case Crime No. 87 of 2012 under Sections 302 and 201 I.P.C. against unknown person, an entry was made in G.D. on 13.2.2012 at 4:30 p.m. copy whereof is on record as Ex. Ka-7.

5. Immediately after registration of case, S.I. Sri Jitendra Kumar Singh, PW-8 under took investigation, recorded statements of Constable Srinath PW-5, Informant Desh Raj, visited spot, prepared site plan Ex. Ka14 under his signature, directed S.I. B.K. Saxena to hold inquest and recorded statement of Shanti Devi, Naresh Singh, Chandra Shekhar on 15.2.2012. He further recorded statements of Surendra Babu, Desh Raj, Heera Lal, Uma Shankar, Chandra Prakash, Chandra Shekhar, Rajeev Kumar on 16.3.2012. Thereafter he was transferred.

6. On the instruction, S.I. B.K. Saxena P.W.-6 held inquest over dead body of Brij Lal without head and prepared inquest report Ex.Ka-1 and other relevant papers relating thereto i.e. letter to C.M.O. Ex. Ka-8, Photo Nash Ex. Ka-9, Chalan Nash Ex. Ka-10. Body was duly sealed and sent through Constable Lakhan Singh and Mahaveer to District Hospital for post mortem. On 20.2.2012 head of the dead body was recovered in the Bagg of Surendra Singh. He held inquest of head and prepared inquest report Ex.Ka-2 in his signature, duly sealed and sent for post mortem.

7. PW-3 Dr. R.D. Gautam conducted autopsy of dead body of Brij Lal on 14.2.2011 at about 2:00 p.m. and on 21.2.2011 at about 2:30 autopsy of head of deceased Brij Lal was conducted. Doctor opined that the death was caused due to haemorrhage and coma on account of anti mortem injuries. He further opined that death might have been caused in the intervening night of 12/13.02.2012 and injuries found on the body of deceased might have been occurred by some sharp cutting weapon.

8. PW 7 Dhruv Dutt Mishra under took investigation after transfer of P.W.-8 Jitendra Kumar Singh and completed remaining formalities of investigation, submitted charge sheet, Ex.Ka-18, against accused-appellant Kallu @ Yogendra @ Anshu under Sections 302 and 201 I.P.C. in the Court of Chief Judicial Magistrate concerned.

9. Case being exclusively triable by Cour