JUDGMENT :

Karuna Nand Bajpayee, J.

1. This criminal appeal has been filed by the appellant-Jai Karan Pasi against the judgment and order dated 19.9.2016 passed by the Sessions Judge, Kaushambi in S.T. No. 219 of 2014, State of U.P. v. Jai Karan Pasi, relating to Case Crime No: 328 of 2014 of Police Station Sarai Akil, District-Kaushambi whereby the sole appellant before us has been held guilty for committing crime of murder and has been convicted under Section 302, I.P.C. and ordered to undergo sentence of life imprisonment. Rs. 5,000/- as fine has also been imposed upon him and in case of default regarding the same he shall have to go additional imprisonment of five months. The appellant has also been found guilty and hence convicted under Section 4/25 Arms Act and has been sentenced to undergo three years imprisonment in that regard and to deposit a fine of Rs. 3,000/-. In case of default he has been ordered to undergo three months additional imprisonment. Both the sentences have been directed to run concurrently.

2. The deceased in this case is one Dinesh Singh alias Nankau who is the brother of the first informant Umesh Singh. The incident is said to have taken place in the intervening night of 17.8.2014 and 18.8.2014 at some point of time in the midnight. The F.I.R. of the case was lodged in the police station at about 6.30 a.m. on 18.8.2014 containing in substance the version to the effect that the deceased Dinesh Singh alias Nankau aged about 45 years, had celebrated the festival of Janmashtami on that day and thereafter having taken his meals back home he had gone to sleep on the cot which lied in the verandah of his house. The other family members of his family slept inside the house in the courtyard. In the morning at about 5.00 a.m. when the wife of the deceased woke up, she found the deceased lying dead on the cot finding several injuries on his face and neck. When she screamed out having seen the dead body, the other members of the family also assembled and found the deceased dead. It was alleged in the F.I.R. that some unknown assailants had committed murder of the deceased.

3. After registration of F.I.R. the course of investigation followed and all necessary steps in that regard were taken up. The inquest proceedings were performed. The dead body was sent up for post-mortem examination. The statements of witnesses were recorded by the Investigating Officer and after getting some clues about the assailants the appellant-accused was arrested on 26.8.2014 and at his instance weapon of offence, a knife, as well as his clothing (kurta) which allegedly contained blood stains, are also said to have been recovered. After completion of investigation charge sheet under Section 302 of IPC. and Section 4/25 of Arms Act was submitted in the court. Cognizance was taken and the case was committed to the court of Session where the charges under Sections 302 of I.P.C. and also under Section 4/25 Arms Act were framed against the accused-appellant. The accused-appellant pleaded not guilty and was therefore, tried with regard to the aforesaid offences in the court of Session.

4. The prosecution side in order to prove the case has produced seven prosecution witnesses. P.W.-1 is Umesh Singh who is the first informant and also the brother of deceased, P.W.-2 is Smt. Munni Devi who is the wife of the deceased, P.W.-3 is Sudhanshu Singh who was a witness of inquest proceedings, P.W.-4 was the constable Babu Lal Maurya, who prepared the check report and the corresponding General Diary entry, P.W.-5 was the doctor who performed autopsy and prepared the post mortem report. P.W.-6 Krishna Kumar Mishra was the Investigating Officer of the case. The last witness is Badri Prasad who was the village chaukidar. Different prosecution witnesses proved different documents which were also marked as different exhibits the details of which shall be mentioned while narrating the testimonies of different witnesses at appropriate place.

5. After examination