Hon’ble B. Amit Sthalekar, J.—This appeal has been filed by the appellant-Asharfi against the judgement and order dated 4.2.1988 passed by the Special Judge, E.C. Act, Farrukhabad whereby the appellant has been convicted for the offence under Section 302 I.P.C. and sentenced to life imprisonment.

The appellant had been granted bail by this Court on 9.8.1989 but thereafter by order dated 29.5.2014 non bailable warrant was issued against the appellant for ensuring his presence before the Court. In compliance of the order of this Court the C.J.M. Farrukhabad sent his report to the effect that the appellant has after disposing off left his village about 25-30 years ago and is not traceable. Therefore, Ms. Rashmi Srivastava was appointed as amicus curiae to argue the appeal on behalf of the appellant.

2. The facts of the case, in brief, are that a report was lodged by Om Veer-complainant on 12.1.1986 at about 11.10 P.M. to the effect that next to the two houses of his house there is the house of Shyam Lal, Brijvasi and Ram Bhajan, all real brothers, which is in a very dilapidated condition. Brijvasi has sold his portion to Kesar Navi of Jhipatti. Shyam Lal, who is aged about 55 years could not be married because he was lame and Ram Bhajan was working in Etah. Asharfi, who was son of Brijvasi and had criminal antecedents wanted to grab the portion of Shaym Lal. Shyam Lal had no source of livelihood and he wanted to sell his portion to maintain his livelihood from the sale consideration. Shyam Lal and Ram Bhajan had agreed to sell their portions to one Gappu son of Baburam Gangwal on a sale consideration of Rs. 19,000/- each and the registry was to take place day after tomorrow. Since the house of Shyam Lal was in a very dilapidated condition, Shyam Lal started living in the Drawing Room of Om Veer’s house in which electricity was installed and he asked Om Veer that after the sale of his portion he will arrange for his living somewhere else. On the date of occurrence the complainant was sleeping after having dinner and at about 10 p.m. he woke up hearing the shouts of Shyam Lal and reached the Drawing room taking with him with his Torch. He saw that Asharfi, nephew of Shyam Lal, armed with country made pistol and two other persons both armed with country made pistols were present there and were dragging Shyam Lal forcibly from the room and Shyam Lal was shouting. Hearing the shouts of Shyam Lal, Gendan Lal son of Chunamani, Jairam son of Kanauji Kahar and Ram Chandra son of Mohkam Kahar reached there with their Torches and exhorted them in the flash light of their Torches. Asharfi and his two companions fired at Shyam Lal outside the room and he died instantaneously. They have identified the accused persons in the Torch lights. Jairam and Ramchandra have stated that they witnessed the incident in their Torch light and electric light. On the basis of the report Case Crime No. 14 of 1986 was registered at Police Station Kayamganj, Farrukhabad against Asharfi and his two companions under Section 302 I.P.C.

3. S.I. Ram Narain Yadav was posted at Police Station Kayamganj and commenced the investigation and on the same day he reached the place of occurrence and S.I. Shri D.S. Singh was directed by him to prepare Panchanama and the said S.I. Shri D.S. Singh has sent the dead body of the deceased to Fatehgarh through constables for post mortem examination. The investigating officer recorded the statements of Gendanlal on 13.1.1986 has also inspected the place of occurrence and collected the blood stained earth, plain earth and blood stained brick and sealed them. He also recovered one empty cartridge, one bullet, two tikli and Gatta from the place of occurrence. Thereafter he recorded the statement of Ram Chandra and inspected the Torches. Thereafter investigation was taken over by S.I. Shri K.L. Verma and after completing the investigation charge-sheet was submitted against the accused Asharfi.

4. In order to prove its case the pros