JUDGMENT :

(Ramesh Sinha, J.)

1. The convict/appellant, Yunus was tried by the Additional Sessions Judge, Fast Tract Court No.1, District Hardoi in Sessions Trial No.189 of 2002: State vs. Yunus, arising out of Case Crime No.338 of 2001 for the offence under Sections 307, 302 of Indian Penal Code, 1860 (in short “I.P.C.”) and in Sessions Trial No.190 of 2002: State vs. Yunus arising out of Case Crime No.351 of 2001 for the offence under Section 3/25 Arms Act, which were registered at Police Station Shahbad, District Hardoi.

2. Vide judgment and order dated 01.02.2005 passed in Sessions Trial Nos. 189 of 2002 & 190 of 2002, the Additional Sessions Judge, Fast Track Court No.1, Hardoi convicted the appellant under Sections 302, 307 I.P.C. and Section 25 Arms Act and sentenced him to undergo:-

“(a) Under Section 302 I.P.C. to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine, to undergo additional imprisonment for two years.

(b) Under Section 307 I.P.C. to undergo seven years imprisonment and to pay a fine of Rs.4,000/-, in default of payment of fine, to undergo additional imprisonment for one year.

(c) Under Section 25 Arms Act to undergo one year rigorous imprisonment and to pay a fine of Rs.2,000/-, in default of payment of fine, to undergo six months additional imprisonment.”

All the aforesaid sentences were directed to be run concurrently.

3. Feeling aggrieved by the aforesaid judgment and order dated 01.02.2005, convict/appellant has preferred the instant appeal before this Court.

4. The facts relating to the case are as under:-

The informant, Smt. Gudiya alias Guddi (P.W.1) was sleeping along with her family members. Her son and husband were sleeping outside in the courtyard and the informant alongwith her daughter Km. Nagma were sleeping on one cot and another daughter Km. Gulshan was sleeping equally on the other cot. The bulb was burning in the house, therefore, there was light. The locks of the outer doors were closed from inside. Then on 30.10.2001 at around 4:30 a.m., suddenly voice of husband and sons’s of the informant was heard, then her eyes opened. When she got up and came to the door of the room, she saw that her brother-in-law’s son Yunus (convict/appellant) was assaulting her husband and son with Gandasa (a sharp edged weapon) and when the convict/accused saw the informant then he assaulted her with Gandasa. Then the informant fell there after being injured. Thereafter, she kept silent due to fear, then convict/appellant Yunus thinking her to be dead and also assaulted her daughter Gulshan and Nagama with Gandasa and said that everyone is dead. Thinking everyone was dead, he started leaving with a burrow and climbed the ladder. Then the informant cried out in fear, then people from outside came. After that convict/appellant Yunus armed with country-made pistol has fired at roof and fled away by jumping from his house. Then she opened her door. The dead body of her husband, son and daughter are lying on the spot. It was further stated in the F.I.R. that the appellant Yusuf and his family members wanted to take all the property from the informant and her family members, due to which, they have done this incident. She has brought her injured daughter Nagma to police station and submitted a report for registering F.I.R. against the accused/appellant.

5. The informant Smt. Gudiya alias Guddi (P.W.1) got the written report of the incident scribed by one Shambhu Nath Gupta, Moharir, who after scribing it read it over to her. She thereafter affixed her thumb impression on it. She then proceeded to the Police Station Shahabad and lodged it. The written report of the incident is proved as Ext. Ka-1.

6. The evidence of P.W.3- Jamuna Pandey shows that on 30.10.2001, he was posted as Constable at Police Station Sahabad, District Hardoi and on the said date, at 6:15 a.m., informant- Smt. Guddi (P.W.1) came and filed a written report, on the basis of which, he prepared the chik F.I.R. (Ext.