JUDGMENT :

Saroj Yadav, J.

1. These two appeals have been filed by the convicts/appellants Smt. Reena Srivastava

and Ajai Prasad @ Ajai Kumar @ Dhirendra Kumar Srivastava (herein-after referred to Ajai Prasad, against the impugned judgment and order dated 18.11.2008 passed by Additional Sessions Judge, Court No. 4, Sultanpur in Sessions Trial No. 315 of 2005 arising out of Case Crime No. 391 of 2005 under Section 302/34 of the Indian Penal Code, 1860 (in short "I.P.C."), Police Station Musafirkhana, District Sultanpur, whereby convict/appellant Reena Srivastava has been held guilty for the offence punishable under Section 302/34 IPC and sentenced to imprisonment for life coupled with a fine of Rs.20,000/-and in default of payment of fine a further sentence for a period of one year and convict/appellant Ajai Prasad has been held guilty under Section 302 IPC and sentenced to life imprisonment coupled with a fine of Rs. 30,000/-and in default of payment of fine, further sentence for a period of one year and six months.

2. Necessary facts for disposal of these appeals in short are as under:-

A First Information Report (in short F.I.R.) was registered at Case Crime No. 391 of 2005, under Section 302 I.P.C. at Police Station Musafirkhana, District Sultanpur on the basis of a written report presented by the complainant Pankaj Kumar. In the written report it has been narrated that the complainant and his brother Satish and Vipin after having their meals in the night, went to sleep in their rooms and rest of the family members went to sleep on the roof along with their mother. In the night the wife of his brother Vipin at about 1 O'clock went to sleep on the roof near his (complainant) mother. In the morning of 19.06.2005 at about 6 AM, his mother shouted loudly and told that Vipin was lying dead on his bed. He ran towards the room of his brother Vipin and found him lying dead on his bed. There were injuries on his body. Some unknown person had killed him in the night.

3. The F.I.R. was registered on 19.06.2005 at 8.20 AM. Investigation started, Panchayatnama of the body of the deceased was conducted. Body was sent for post-mortem examination and post-mortem examination was conducted on the cadaver of the deceased. During investigation, the Investigating Officer finding incriminating material against the convicts/appellants arrested them on 27.06.2005, whereafter they allegedly confessed the crime. On the same day i.e. 27.06.2005 the convict/appellant Ajai Prasad got recovered the knife, which was used for murdering the deceased and also the Vest (Baniyan), which he wore at the time of killing the deceased and on which blood spilled. The recovery of weapon of offence was made at the pointing out of the convict/appellant Ajai Prasad in the presence of the witnesses and the recovery memo of the same was prepared, which is Exhibit Ka-26. At the time of recovery of weapon the convict/appellant Ajai Prasad confessed the crime and told that this is the knife which he used to kill the deceased Vipin and he killed him by stabbing the knife in his neck and the Vest, which he wore at the time of committing murder got stained with blood of the deceased, therefore, he hid the knife and Vest at the place of recovery.

4. After completing the investigation, the Investigating Officer found the involvement of both the convicts/appellants in the crime and submitted charge-sheet against them under Section 302/34 IPC. On the charge-sheet so submitted, learned Magistrate concerned took the cognizance and committed the case to the Court of Sessions for trial. The Court of Sessions framed the charges under Section 302 read with Section 34 IPC against the convict/appellant Reena Srivastava and under Section 302 IPC against the convict/appellant Ajai Prasad. Both the convicts/appellants denied the charges and claimed to be tried.

5. In order to prove its case the prosecution examined 10 witnesses, which are as under:-

(i) P.W. 1-Pankaj Kumar Srivastava, the complainant