JUDGMENT :

Shiv Shanker Prasad, J.

1. This appeal has been preferred by appellant, Ram Prakash against the judgment and order dated 11th September, 1984 passed by the Special Judge (E.C. Act)/Additional Sessions Judge, Farrukhabad in Sessions Trial No. 169 of 1982 (State vs. Ram Prakash) under Section 302 I.P.C., Police Station-Gursahaiganj, District-Farrukhabad, whereby the accused-appellant has been convicted and sentenced to undergo imprisonment for life under Section 302 I.P.C.

2. We have heard Mr. Raj Kumar Sharma, learned Amicus Curiae on behalf of the appellant and Mr. Arun Kumar Singh, learned A.G.A. for the State and also perused the entire materials available on record.

3. Initially hearing in the matter was concluded on 2nd November, 2022 and 10th November, 2022 was fixed for delivery of judgment. While preparing the judgment it was noticed that the Session Court after convicting the accused-appellant has sentenced him to life imprisonment for the offence punishable under Section 302 I.P.C. without passing any order on the aspect relating to fine.

4. Once the concerned court of Session convicts an accused under Section 302 I.P.C., it was required to pass order in respect of the sentence and fine both. In the facts of the present case, however, no order has been passed with regard to fine. Because of the said reason, we adjourned the present case on 10th November, 2022 in order to afford an opportunity of hearing to learned Amicus curiae appearing for the accused-appellant on this aspect.

5. On 14th November, 2022, we heard the learned Amicus Curiae and the learned A.G.A. for the State on the said issue.

6. The prosecution story, as reflected from the records, is as follows:

On the written report of the informant- P.W.-2 Ram Babu dated 3rd November, 1981 (Exhibit-Ka/1) scribed by Muneshwar Dayal (son of the informant), a first information report (Exhibit-Ka/2) has been lodged on 3rd November, 1981 at 11.35 a.m. against the accused-appellant alleging therein that about 4-5 years back, he solemnized the marriage of his daughter with the accused-appellant. After marriage, the daughter of the informant (since deceased) and his son-in-law i.e. accused-appellant often used to fight with each other. There were incidents when the informant went to the place of the accused-appellant to take her along with him to his place but the accused-appellant did not send her with him. It is further alleged that about two months ago, the daughter of the informant i.e. the deceased delivered twin girls both of whom died after some time. After coming to know about the sad demise of his twin grand-daughters, the informant came to the place of accused-appellant along with his son to take his daughter (deceased) with him to his place and when the informant-P.W.2 and his son Muneshwar Dayal requested repeatedly, the accused-appellant refused to send her along with them. On the next day in the morning at about 09:00 a.m. when the daughter of the informant i.e. deceased started to get ready to go with the informant and Muneshwar Dayal, the accused-appellant abused her and stopped her from going with them. The deceased, however, said that she would not stay with him and would go at any cost on which the accused-appellant threatened her to face dire consequences if she disobeyed him.

While the informant with his son Muneshwar Dayal were sitting outside the house on the platform, waiting for his daughter, they heard alarm/screams of the deceased for saving her. The informant and his son ran inside the courtyard and saw that the accused-appellant was hitting the deceased with a sickle (reaping hook) in the room. Seeing the same, the informant and Muneshwar Dayal shouted on which Hanumant Lal son Dhanuk, Shiv Ram son of Ram Lal Lodhi, Ram Gopal, Ram Vilash Bhurji, Ram Kishor son of Mathuri Lal and many other people came and they also saw the accused-appellant hitting the deceased with sickle. Due to the injuries of the sickle sustained by the deceased, she di