Hon’ble Mohd. Tahir, J.—This criminal appeal has been preferred against the judgment and order dated 24.3.2014 passed by Sri Hriday Sagar, the then Additional Sessions Judge/Fast Track Court No. 1, Moradabad in ST No. 948 of 2000, State v. Faiyaz, under Section 302 IPC, P.S. Chandausi, District Moradabad, whereby the accused appellant Faiyaz was convicted under Section 302 IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/- and in default of payment of fine, he was directed to undergo further imprisonment for one year.

2. The prosecution case, in brief, is that one Saleem lodged a written report in P.S. Chandausi of District Moradabad on 26.4.2000 at 4.05 p.m. to the effect that his Janta Band Shop is in front of S.M. College. On 26.4.2000 at 3.30 p.m. he was going to the shop of Prakash Band for the payment of the Barat. On the way, he was talking with one Yusuf. The accused appellant Faiyaz having Chhuri in his hands came there and he assaulted him with Chhuri to kill him. He cried for help. Whereupon, witnesses Yusuf and Irshad and many other persons rushed to the spot who saw the incident with their own eyes and saved him. The deceased sustained serious injuries. The written report is Ext.Ka.1.

3. On the basis of the above written report, Head Moharrir Sri Bhagwan Singh prepared the Chick FIR which is Ext.Ka.2 and made an entry in the G.D. regarding the registration of the case under Section 307 IPC at Crime No. 173/2000.

4. The investigation of the case was entrusted to S.I. Sri K.P. Singh who recorded the statement of Head Moharrir Bhagwan Singh and also recorded the statement of injured Saleem. Thereafter, injured Saleem was referred to C.H.C. Hospital, Chandausi where he was given first medical aid and thereafter he was referred to District Hospital, Moradabad. When he was on the way to District Hospital, he succumbed to the injuries sustained by him. His dead body was taken back to C.H.C. Hospital and the Police Station concerned was informed about his death. On the information of his death, this case was converted to Section 302 IPC from 307 IPC.

5. The Investigating Officer with other police personnels reached C.H.C. Hospital, Chandausi and prepared the inquest report of the dead body of the deceased and other relevant papers viz. Photo nash, chalan lash etc. After sealing the dead body the same was sent for post mortem examination through constables Devendra and Ramesh Chandra.

6. The post mortem examination on the dead body of the deceased was conducted on 27.4.2000 at 3.00 p.m. by Dr. K. Kumar who found the following ante mortem injuries on the dead body of the deceased:

(I) I.W. 4 cm x 2 cm x scalp deep on the top of head left side 5 cm above the ear pinna, left side parietal bone fractured.

(II) Multiple abraded contusion in area 20 cm x 10 cm on both sides of chest.

(III) I.W. 1 cm x .5 cm x scalp deep on the top of left skull region.

(IV) I.W. 5.5 cm x 3.5 cm x abdominal cavity deep on upper part of abdomen, left side 12.5 cm above from umbilicus present at 10’o clock position, on explanation left side liver and left side stomach both punctured.

(V) I.W. 4.5 cm x 2.5 cm x muscle deep, left side posterior auxiliary line above illiacrest left side 20 cm above.

According to the autopsy surgeon and the post mortem report (Ext.Ka.11), the death of the deceased occurred ¾ days prior to the post mortem examination and the cause of death was shock and haemorrhage due to ante mortem injuries.

7. After completing the investigation the Investigating Officer submitted charge-sheet under Section 307, 302 IPC against the accused appellant in the Court of CJM, Moradabad. The charge-sheet is Ext.Ka.12. This case was committed to the Court of sessions by CJM Moradabad vide his order dated 8.2.2000.

8. The trial Court framed charge under Section 302 IPC against the accused appellant. The accused appellant denied the charge and claimed to be tried.

9. The prosecution in order to prove its