JUDGMENT

Aftab Alam, J. —

1. The appellant Sajjan Sharma stands convicted under section 302 of the Penal Code and sentenced to rigorous imprisonment for life.

2. The prosecution case that led to the conviction and sentence of the appellant is based on the Fard-e-beyan (Ext. 3) of one Mukesh Kumar (PW4) recorded by the officer-in-charge of Bihpur Police Station on November 24, 1994, at 4.00 p.m. at David Door Bahiar of village Marba (in local dialect ‘bahiar’ is the word for the agricultural lands at a distance from the dwelling part of the village). In his statement before the police officer, Mukesh Kumar stated that on that day at about 10.00 a.m., he along with his uncles Narain Kunwar and Bauku Kunwar had gone to the corn fields in David Door Bahiar carrying a licensed .315 rifle and some rounds. There, they supervised the scattering of fertilizer over the land by the farm labourers. The work was over by 2.30 p.m. and then the labourers left. In the meanwhile, one Gunanand Sharma/Sanghai, (PW3) s/o Ram Avtar Sharma of Amarpur Village came there to meet Narain Kunwar. He (the informant) and his uncle Bauku Kunwar were chatting, sitting at the other corner of the field. At that t