1. Heard Mrs. Seema Pandey, learned Amicus Curiae appearing for the appellant, Sri Prem Shanker Prasad, learned A.G.A. appearing for the State - respondent and perused the record of the trial Court.

2. This criminal appeal has been filed against the judgment and order dated 21.12.2013 passed by Additional Sessions Judge, Court No. 6, Budaun in S.S.T. No. 26 of 2008, State v. Sharafat, by which the trial court has convicted the appellant under S.302 IPC sentencing him to undergo life imprisonment and fine of Rs.40,000/- and in default of payment fine to undergo ten months additional simple imprisonment; under S.201, IPC sentencing him to undergo 3 years imprisonment and fine of Rs.3,000/-; in default of payment of fine to undergo three months additional simple imprisonment; 10 years rigorous imprisonment and fine of Rs.10,000/- for committing the offence under S.394, IPC and in default of payment of fine to undergo five month additional simple imprisonment; 3 years rigorous imprisonment and fine of Rs.3,000/- for the offence under S.420, IPC and in default of payment of fine three months additional simple imprisonment and three years rigorous imprisonment and fine of Rs.3,000/- for the offence under S.411, IPC in default of payment of fine three months additional simple imprisonment. In S.S.T No. 27 of 2008 State v. Sharafat, learned trial court has convicted the appellant under S.25, Arms Act sentencing him to undergo 3 years rigorous imprisonment and fine of Rs.3,000/- and in default of payment fine to undergo three months additional simple imprisonment and in S.S.T No. 28 of 2008, State v. Sharafat, learned trial court has convicted the appellant under S.4/25, Arms Act sentencing him to undergo 1 year's rigorous imprisonment and fine of Rs.1,000/- and in default of payment fine to undergo one month's additional simple imprisonment. All the sentences are to run concurrently.

3. The prosecution case is that informant, Asharfi Lal, gave a written complaint at Police Station - Islamnagar, District Badaun informing that dead body of an unknown person is lying in the agricultural field of Sohan Lal. There are no injuries seen on the dead body. Police registered case under S.302, S.201, S.394, S.411, S.420 of IPC and S.4/25, Arms Act and Section - 25 of Arms Act and charge sheet was accordingly submitted before the competent court.

4. The appellant was arrested and on the basis of his confessional statement recorded before the police, incriminating recoveries were made on his pointing out and after due investigation by the Investigating Officer of police, charge sheet was submitted against him before the competent court. He denied the charges and sought trial.

5. Prosecution produced P.W. - 1, Munni Devi; P.W. - 2, Noor Mohammad; P.W. - 3, Smt. Asgari; P.W. - 4, Navab Singh: P.W. - 5, Harpal Singh,: P.W. - 6, Dr.D.V.Shakya: P.W. - 7, Asharfi Lal: P.W. - 8, Chandra Pal Singh: P.W. - 9, Suresh Kumar and P.W. - 10, Suraj Pal Singh.

6. The statement of accused - appellant, Sharafat, was recorded under S.313, CrPC.

7. The trial court after considering the evidence on record convicted and sentenced the appellant under the charged sections and hence this Appeal before this Court.

8. P.W. - 1, stated in her statement before the trial court that his son was ill and the appellant convinced her family members that he will treat him by exorcism and he took Rs.200/-, Rs.300/-, Rs.100/- many times and lastly Rs.251/- thereafter he demanded Rs.50,000/- for treating her son. Her husband and daughter, Asha, went to the appellant on thursday after arranging Rs.50,000/- on Bicycle but they did not returned till the next evening. Thereafter, their dead bodies were recover from the place where the applicant used to perform his rituals. The bicycle of her husband was later recovered from the house / shop of P.W. - 2 and P.W. - 3.

9. P.W. - 2 stated before the trial court that he saw a bicycle parked at his house when he inquired from his wife, P.W. -