Mohammad Rafiq, J.

This appeal is directed against judgment dated 16.12.2011 passed by Additional Sessions Judge, (F.T.) No. 2, Bharatpur (for short ‘the trial court’) whereby accused-appellant has been convicted for offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 10,000/-, in default whereof, he was to further undergo six months rigorous imprisonment.

2. Facts of the case are that a written report(Exhibit P-8) was submitted by Harish Chand(P.W.5) on 04.10.2008 to SHO, Police Station Kotwali, Bharatpur to the effect that his son Vinod @ Veenu had gone to the house of his cousin at 9.00 P.M. to participate in a jagran. One Dabbu informed the informant at 10.45 P.M. on mobile phone that Lala had hatched up a conspiracy with his friends and murdered Vinod by opening fire at him in front of his house at Station Road Bajaria. It was alleged that Manoj, Ballu and Maharaj Singh, who were tenants in his house, took Vinod with them in a pre-planed manner and eventually murdered him. The incident took place at 10.15 P.M. and was seen by neighbourers of the area and the pedestrians. The informant took his brother to RBM Hospital where doctors declared