JUDGMENT :

Umesh Chandra Sharma, J.

1. This appeal has been preferred by the convicted accused Ramesh Yadav against the judgment and order dated 05.06.2017 passed by the Additional Sessions Judge/FTC, Bhadohi, Gyanpur.

2. By the impugned judgment, the learned trial court awarded following sentences to the accused:-

(I) Under Section 302 IPC rigorous imprisonment of life sentence and a fine of Rs.10,000/-;

(II) Under Section 324 IPC rigorous imprisonment of three years;

(III) Under Section 307 IPC rigorous imprisonment of ten years and a fine of Rs.10,000/-.

3. In brief, facts of the case are that on 16.02.2016 informant Banarsi son of Ram Nath resident of Mavaiya, PS Gyanpur, District Bhadohi moved a written tahrir (Ex.Ka-1) that his son Ramesh Yadav today at about 12 O'clock had badly injured his wife Sukhraji Devi from a sharp edged weapon. He has admitted his wife for treatment in Gyanpur Government Hospital.

4. On the basis of written tahrir (Ex.Ka-1) a chick FIR (Ex.Ka-19) in Case Crime No.24 of 2016 under Section 324 IPC was registered and entered in GD (Ex.Ka-18). After death of injured Sukhraji Section 302 IPC was added through paper Ex.Ka-8.

5. PW-6, SSI Ram Adhar Yadav, Investigating Officer visited the place of occurrence and prepared map (Ex.Ka-6) recorded the statement of the informant and other witnesses and after finding sufficient evidence submitted the charge-sheet (Ex.Ka-14) under Sections 324 , 307, 302 IPC against the accused. The case was committed to the Court of Sessions on 12.05.2016 and was transferred to the Court of Additional Sessions Judge/FTC, Bhadohi who framed the charges on 26.05.2016 from which the accused denied and requested for trial.

6. The witnesses who have been examined from the side of the prosecution are: (i) PW-1, Banarsi, informant; (ii) PW-2, Meena Devi, an independent witness; (iii) PW-3, Bindu Devi, sister of the accused; (iv) PW-4, Om Prakash, an independent witness; (v) PW-5, Dr. Girish Chand Rawat who examined the deceased before her death and also PW-3, Bindu Devi (injured); (vi) PW-6, Ram Adhar Yadav, Investigating Officer; (vii) PW-7, Raghvendra Singh, the then SO of PS Gyanpur; (viii) PW-8, Amar Bahadur Singh, autopsy doctor; and (ix) PW-9, Jitendra Kumar, Constable.

7. The documentary evidences which have been produced from the prosecution side are: (i) Ex.Ka-1, tahrir of the informant; (ii) Ex.Ka-2, inquest; (iii) Ex.Ka-3, recovery memo; (iv) Ex.Ka-4 and 5 both photocopy of injury report; (v) Ex.Ka-6, map; (vi) Ex.Ka-7 and 8, certified copies of GD; (vii) Ex.Ka-9, police Form-13; (viii) Ex.Ka-10, photonash; (ix) Ex.Ka-11, letter to CMO; (x) Ex.Ka-12, letter to RI; (xi) Ex.Ka-13, photonash; (xii) Ex.Ka-14, charge-sheet; (xiii) Ex.Ka-15, arrest memo; (xiv) Ex.Ka-