JUDGMENT :

Sanjay Kumar Pachori, J.

1. This appeal has been preferred by appellants, namely Jakir Ali, Kutti @ Alimunnisha against the judgment and order passed by Additional Sessions Judge, Court No. 1 Sidharthnagar, respectively on 11.12.2013 and 12.12.2013 in Sessions Trial No. 182 of 2011 arising out of case Crime No. 444 of 2011, police station Golhaura, District Sidharthnagar, whereby the appellants have been convicted under section 302 read with section 34 Indian Penal Code (in short “I.P.C.”) and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/-each with default sentence of two months.

PROSECUTION CASE

2. The prosecution case in brief as per first information report, FIR (Ex.Ka.-5), which was lodged on 17.7.2011 at 4:30 a.m. at PS Golhaura, District Sidharthnagar by Mohd. Umar (PW-1) is that his sister Zahida (deceased) was married to Jakir in the year 1992, and out of this wedlock, 6 children were born. Her eldest daughter is about 15-16 years old. About three months prior to the incident, Jakir had kept Kutti as his wife. Jakir used to beat Zahida when she protested about his illicit relations. On the intervening night of 16/17.7.2011, Jakir and Kutti toge