Aftab Alam, J.

1. By the judgment and order coming under appeal, the appellant Garib Singh stands convicted under Sec. 302 of the Penal Code and 27 of the Arms Act. He is sentenced to undergo rigorous imprisonment for life and one year respectively for the two offences; the sentences are directed to run concurrently.

2. Before the trial Court, apart from the appellant there were four other accused. The appellant Garib Singh and co-accused Umesh Singh were charged under Sec. 302 of the Penal Code; the appellant was separately charged under Sec. 307 of the Penal Code and all the five accused, including the appellant were further charged under Secs. 302/34 IPC and 27 Arms Act. While referring to the charges framed against the accused it was noticed that though the date of occurrence in this case was undeniably 13.2.1999 the date mentioned in the charge was 13th day of July, 1999. The mistake is inconsequential and does not affect the case in any manner; it nevertheless shows a lack of proper application of mind by the trial Court. This Court expects the trial Judges in future to be more careful in matters of legal details.

3. At the end of the trial, it was the appellant alone who was convicted and sentenced, as stated above, while rest of the four accused were acquitted.

4. It may also be noted here that one of the co-accused Subodh Singh is the own brother of the deceased Ashok Singh and the informant Vinod Singh PW 5.

5. On going through the records we get the sad impression that a proper trial for the offence of murder was effectively frustrated by the police investigating the case and the witnesses examined on behalf of the prosecution; whether the I.O. and the prosecution witnesses acted jointly or separately is another matter.

6. The prosecution case began on the basis of the statement of Vinod Singh, PW 5 made at the Referal Hospital, Gogri on 13.2.1999, at 10.15 a.m. before the A.S.I., A.N. Thakur of Gogri P.S. The statement was recorded as fardbeyan (Ext. 1) which was sent to Pasraha P.S. Since the place of occurrence fell within its area. A formal FIR (Ext. 2) was drawn up by incorporating the fardbeyan, giving rise to Pasraha P.S. Case No. 9 of 1999.

7. In the fardbeyan Vinod Singh stated that in the morning of 13.2.1999, at about 7, he alongwith his younger brother Ashok Singh (the deceased) went to the tea-shop at Pasraha chowk for taking tea. After taking tea, they were standing on the road with brick soling when accused Garib Singh, Umesh Singh, Prakash Singh, Subodh Singh and Ravindra Singh, all armed with unlicen-sed weapons were seen approaching from the east. Sanoj Choudhary (not exami-ned) exclaimed that the out-laws were coming with arms and that they should run away. Thus, identifying the accused, the informant and his brother fled towards west in order to save their lives. He further said that the appellant fired a shot from his rifle that hit him in the toes of his right foot. He fell down crying that he was hit. Upon this, his younger brother Ashok Singh turned back towards him. At that moment Umesh and Garib Singh fired shots from their respective fire-arms and Garib#25;s shot hit Ashok squarely in the head. As a result, he died on the spot. The informant further said that then to save his life he fled towards west and came to the Referal Hospital, Gogri alongwith Sanoj Choudhary and Vijendra Singh (not examined) where he was giving his statement before the police. Concluding his statement, the informant asserted that the accused persons mentioned by him had killed his brother because he opposed their rangdari. At the end he said that he had gone through the recorded statement which was also read over to him and finding it correct, he had put his signature.

8. It is noted above that the fardbe-yan was recorded at the Referal Hospital, Gogri by an A.S.I. of that police station. The murder was committed at Pasraha Bazar that fell within the area of Pasraha P.S. From the evidence of the I.O. who wa