JUDGMENT :

Jyotsna Sharma, J.

1. Heard Sri Satyaveer Singh, learned Amicus Curiae appearing for the appellant and Sri Vikas Goswami, learned A.G.A. for the State.

2. This is an appeal against the judgment and order dated 13.04.2010 passed by learned Additional District and Session Judge/F.T.C.-3, Bijnor in Session Trial No. 638 of 2009 (State vs. Shamshad) in Case Crime No. 920 of 2009 under Section 302 IPC, Police Station-Afzalgarh, District-Bijnor and sentenced to imprisonment for life and imposed fine of Rs. 1,00,000/-and further imprisonment of three years in default thereof.

3. As per the prosecution case, the lone named accused Shamshad, murdered his pregnant step-mother alongwith her three kids i.e., his step siblings by assaulting them and inflicting injuries on vital parts with an axe on the night of 26.08.2009 at around 10 pm. The FIR was lodged by his own father Abdul Rashid, the same day at 22.45 hours.

4. The prosecution examined two eye-witnesses namely, Chhote and Sirajuddin as PW1 and PW2 respectively, the informant Abdul Rashid as PW4. The prosecution also examined PW9Ishrar in whose presence the weapon of offence ‘kulhari’ was retrieved by the accused himself after giv