Hon’ble Vinod Prasad, J.—Appellant Sahim has been convicted by Additional District & Sessions Judge/Fast Track Court No. 1, Azamgarh vide his impugned judgment and order dated 25.2.2006, for offences under Sections 302/34, IPC and 25 Arms Act and has been sentenced to imprisonment for life and to pay a fine of Rs. 1000/- (Rs. One thousand only) on the first count, one year rigorous imprisonment and Rs. 500/- fine on the second count, with further order that in default of payment of fine, the appellant shall undergo two years further simple imprisonment. Both the sentences were ordered to run concurrently by the trial Court which were rendered in two connected Session’s Trial Nos. 645 of 2001, State v. Sahim and others, under Section 302/34, I.P.C. and S.T. No. 646 of 2001, State v. Sahim, under Section 25 Arm’s Act, which convictions and sentences has been challenged by the appellant in the instant appeal.

2. Prosecution allegations against the appellant, as is contained in the written report, Ex. Ka-1, are that informant Rustam was a resident of Sonwara, Police Station Rani Ki Sarai, District Azamgarh. Appellant along with two other co-accused Banne and Ismail had picked up the motor-cycle of a co-villager Guddu, which was kept in the house of the appellant. After a month Guddu got his motor-cycle recovered. Appellant Sahim, Banne and Ismail suspected that Aftab (deceased), brother of informant Rustam, had disclosed the place where the said motor-cycle was kept.

3. On 9.9.2001 at 4 p.m., informant along with Aftab (deceased) had gone to Sonwara market to purchase bulbs and shaving where appellant Sahim, Banne and Ismail were already present. Informant went to purchase articles from Pappu’s shop and Aftab (deceased) entered in Jallaluddin (PW 4), barber’s kiosk for shaving. At 4.00 p.m. when Aftab was getting up after getting shaved, that the three accused appellants Sahim, Banne and Ismail, all resident of Rani Ki Sarai, appeared near Jallaluddin’s kiosk and appellant shot at Aftab in the chest causing him injuries. Sustaining gunshot injury, Aftab sprinted towards Baker’s house when Banne and Ismail also shot at him causing him injuries and hence he fell down en-route to Baker’s house. Eye-witnesses Jallaluddin, Ashok, Mobsir and many others chased the assailants but they fled away. Informant with the help of co-villagers transported the deceased, in a tempo to the District Hospital, Azamgarh where the doctor declared him dead. His corpse was kept in the mortuary. Informant Rustam, PW 3, thereafter went to the police station Rani Ki Sarai covering a distance of 7 kilometres west-north, got the FIR Ext. Ka 1 scribed and lodged it as crime number 275 of 2001, under Section 302, I.P.C. the same day at 6.40 p.m.

4. P.W. 10 Rajnath Pandey, Head Constable prepared the chik FIR (Ex. Ka-7) and corresponding GD entry (Ext. Ka-8) vide Rapat No. 39, and entrusted the inestigation to S.I. Kashi Nath Singh, P.W.9.

5. Commencing investigation, PW 9, proceeded for the spot in village Sonwara where he recorded 161, Cr.P.C. statement of the informant. On the following day (10.9.2001) he recorded 161, Cr.P.C. statement of Jallaluddin P.W. 4, prepared seizure memos Ext. Ka 5 and Ext. Ka 6 of empty cartridges, plain and blood stained earth and recovered them. Thereafter he recorded the statements of witnesses of recoveries. Subsequent thereto Investigating Officer conducted the spot inspection and prepared the site plan, Ex. Ka-4.

6. S.O., R.K. Singh S.I., PW 8, thereafter took up the investigation, on 10.9.2001. All the three accused persons surrendered in the Court of Chief Judicial Magistrate, Azamgarh on 17.9.2001 and the same day their statements were recorded by him inside District Jail. This I.O. thereafter got the police custody remand of the accused persons on 24.9.2001 and the appellant Sahim and Ismail, deceased accused, got recovered two country made pistols from near fishery godown situated on Azamgarh, Varanasi road. There