JUDGMENT :

SAROJ YADAV, J.

1. This criminal appeal has been preferred by the sole appellant/convict Mohammad Aslam against the judgment and order dated 30.01.2004 passed by Additional District and Sessions Judge, Fast Track Court No. 5, District Hardoi in Sessions Trial No. 241 of 2002, Crime No. 318 of 2001 under Section 302 of the Indian Penal Code, 1861 (in short IPC), Police Station Mallawan District Hardoi, whereby the appellant has been held guilty under Section 302 of I.P.C. and sentenced with life imprisonment coupled with a fine of Rs. 10,000/- and in default of payment of fine further imprisonment of two years.

2. The facts in short necessary for disposal of this appeal are as under:

(i) A First Information Report (in short F.I.R.) was registered on 22.12.2001 at Case Crime No. 318 of 2001, under Section 302 of I.P.C. at Police Station Mallawan, District Hardoi in pursuance of the order passed by the learned Chief Judicial Magistrate, Hardoi on the application moved by the complainant Abdul Sattar under Section 156(3) Cr.P.C. It was stated in the application/F.I.R. that Khairunnisa sister of the complainant was married to Mohammad Salis resident of village Purvayan, Police Station Mallawan, District Hardoi. Mohammad Aslam is the real brother of his brother-in-law Mohammad Salis. There was dispute regarding money between his brother-in-law and Salis Mohammad Aslam, because Mohammad Salis lended a sum of Rs. 25,000/- to Mohammad Aslam during the season of potato crop. Mohammad Aslam was not returning the money alleging loss. Whenever he (complainant) used to ask about his own Rs. 10,000/- from Mohammad Salis, then Mohammad Salis used to reply that whenever Mohammad Aslam would return the money he would pay him (complainant). Mohammad Salis told the complainant that whenever he asked about the money, Mohammad Aslam made excuses and threatened to kill.

(ii) On 13.01.2001 in the noon Mohd. Aslam brought Buffalo meat and gave to Khairunnisa the sister of the complainant to cook. After handing over the meat he went out of the house on pretext of some urgent work. After eating that meat Mohammad Salis brother-in-law of complainant, sister Khairunnisa, nephew Ajmeri and niece Gulshan died. Ajmeri and Gulshan died on way to Mallawan, whereas Mohd. Salis and Khairunnisa died in Hardoi. He (complainant) met his sister and brother-in-law in Mallawan because at that time he was in Mallalawan. It was told by his sister and brother-in-law that Mohammad Aslam mixed poison in the meat for the reason he did not want to return the money. Before this incident Mohammad Aslam left his wife in her paternal home. He informed about the incident at police station Mallawan but no action was taken. He further informed many higher officers, but no action was taken. Therefore he moved an application under section 156 (3) of Cr.P.C and requested to lodge the FIR.

(iii) It is evident from the record that on 13.01.2001 the police of Police Station Mallawan District Hardoi prepared inquest reports of all the four deceased persons on the information received from District Hospital Hardoi. The name of the persons who gave information is Krishna Kumar the ward boy of District Hospital Hardoi. This fact has been mentioned in the inquest report of all the four persons. After preparing the inquest reports police prepared the necessary documents and sent the dead bodies for postmortem examination. The police also reached at the spot and seized some part of the meat found inside the house of the deceased persons and prepared the recovery memo of the same.

(iv) After registration of the FIR, further investigation started and the Investigating Officer prepared the site plan of the place of incident and recorded the statements of the witnesses and submitted the charge-sheet against the accused appellant under section 302 of I.P.C. for killing the aforementioned fou