JUDGMENT :

Ashwani Kumar Mishra, J.

1. This jail appeal has been instituted by the accused Somwati (since deceased) and her alleged paramour Kallu, who have been convicted vide judgment and order dated 27.9.2008, passed by Additional Sessions Judge, Court No.1, Kanpur Dehat, in Sessions Trial No.452 of 2007 and sentenced to life imprisonment under Section 302 read with Section 34 IPC, arising out of Case Crime No.223 of 2007, at Police Station Sajeti, District Kanpur Dehat.

2. The prosecution case proceeds on a written information of the Village Chowkidar, who while going to his field on 14.8.2007 at about 8.30 a.m. saw that number of villagers had gathered in front of the house of late Nanku, and when he reached there he found various villagers including Shivnandan son of Baddu, Ravindra son of Virendra Sachan, Vijay Kumar son of Ramaee, Shivram Babu son of Vidhalal, Jagroop son of Parson etc. In the hutment he found the dead body of two sons of late Nanku namely Ramchandra and Veeru. The villagers were asking their mother Somwati and her second husband Kallu as to how the incident occurred. Initially they avoided the question but later confessed that Kallu wanted to purchase a tract