Per: Hon’ble Servesh Kumar Gupta, J.

The above-titled appeal challenges the judgment and order dated 30.03.2010 rendered by learned Sessions Judge, Tehri Garhwal in S.T. No.09 of 2009. The said case was tried for the offences u/s 302, 380 and 411 IPC pertaining to crime no.3202 of 2008 of P.S. Muni-Ki-Reti, District Tehri Garhwal. The trial ended in conviction of the accused/appellant for the offences punishable under Sections 404 and 302 IPC wherefor he was appropriately sentenced. However, the accused was acquitted from the offence punishable u/s Section 411 IPC.

2. The prosecution was conducted for the murder of Smt. Archana Sharma, a young lady of about 26 years of age, by the accused Ashok Kumar Kundi, both R/o Lucknow. Both were also married, having their own respective spouse, but still they were paramour of each other. So both of them used to stay at Shivanand Ashram situated at Muni-Ki-Reti (almost in Rishikesh town), Uttarakhand in order to augment their illicit intimacy.

3. The deceased lady was employed in the office of Public Analyst Laboratory, Medical & Health Services, situated at Lucknow whereas the accused, being a Technical Assistant in Railway, was