CRIMINAL APPEAL No. 6436 of 2023 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 6436 of 2023 Goverdhan Alias Godhu .....Appellant(s) Versus State of U.P. .....Respondent(s) Counsel for Appellant(s) : Santosh Kumar Tiwari Counsel for Respondent(s) : G.A. Court No. - 46 HON'BLE SIDDHARTH, J. HON'BLE PRASHANT MISHRA-I, J. 1. Heard Mr. Santosh Kumar Tiwari, learned counsel for the appellant, learned Additional Government Advocate representing the State and perused the trial court record. 2. The instant criminal appeal has been preferred against the judgment and order dated 16.05.2023 passed by learned Additional Sessions Judge, Court No. 3, Saharanpur in Sessions Trial No. 380 of 2018 (State Vs. Goverdhan alias Godhu), arising out of Case Crime No. 59 of 2018, Police Station Chilkana, District Saharanpur, whereby appellant-Goverdhan Alias Godhu, has been convicted and sentenced to rigorous imprisonment for life and fine of Rs. 50,000/-, for the offence under Section 302 I.P.C. and in default of payment of fine, one year's additional imprisonment. 3. The prosecution case in brief is that the marriage of the appellant was solemnized with the deceased 25 years back. From their wedlock two sons and one daught