JUDGMENT :

1. Heard Shri Piyush Kumar Shukla, learned counsel for the appellants and learned AGA for the State. The judgment was ordered to be pronounced on 9.4.2021 but as Courts were closed, we directed matter to be listed on 16.4.2021, but the surge of Covid cases may force Courts to be closed on 16.4.2021, hence, we pronounce judgment today, i.e., 13.4.2021.

2. This appeal has arisen from the judgment and order dated 2.11.2012 passed by learned Additional Sessions Judge, Jhanshi in Sessions Case No.72 of 2010 in State of U.P. v. Jai Prakash Goswami and another (Case Crime No.1498/09) under Section 302 and 504 I.P.C lodged in Police Station Sipri Bazar, District Jhansi. The learned Sessions Judge convicted both the accused for life imprisonment under Section 302 read with section 34 of Indian Penal Code with fine of Rs.5,000/- and in default for one year simple imprisonment.

3. The factual scenario as it unfurls from the record and the F.I.R are that the accused in unison caused death of the deceased on 2.9.2009 in the morning. The genesis of the offence as narrated in the first information report is that the deceased along with his wife and daughter was going to Temple, his wife K