JUDGMENT :

Kaushal Jayendra Thaker, J.

1. Heard Sri Suresh Srivastava, learned counsel for the appellant and Sri Nagendra Kumar Srivastava, learned A.G.A. for the state.

2. This appeal challenges the judgment and order dated 16.10.2012 passed by Additional Sessions Judge, Court No. 4, Mirzapur in Sessions Trial No.171 of 2010 (State vs. Sita Ram) arising out of Case Crime No.473 of 2010 convicting accused-appellant under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced the accused-appellant to undergo imprisonment for life with fine of Rs.5,000/-and in case of default of payment of fine, further to undergo imprisonment for a period of one year.

3. The genesis of the litigation are that the deceased was married to the accused appellant Sita Ram in the month of May, 2006. It is alleged in the F.I.R that the accused demanded money and a motorcycle, when the deceased showed her inability to get the same from her parents the sad news of her death came on 26.05.2010. The F.I.R was lodged on the very same day by the father of the deceased. The police