Hon’ble Om Prakash-VII, J.—This Criminal Appeal has been preferred by the appellant Ram Manohar against the judgment and order dated 25.3.1983 passed by the learned Sessions Judge, Fatehpur in S.T. No. 171 of 1982 (State v. Ram Manohar and another) under Section 302 read with Section 34 I.P.C., Police Station Hussainganj, district Fatehpur whereby the appellants Ram Manohar and one Mewa Lal (since died) have been convicted and sentenced for the offence under Section 302 read with Section 34 IPC to undergo imprisonment for life.

2. Criminal Appeal No. 828 of 1983 filed on behalf of the co-accused Mewa Lal was abated by this Court on 23.3.2012, therefore, appeal filed by the appellant Ram Manohar is only before us. We proceed to deal with this appeal.

3. Prosecution story in nut shell is as follows :

Written report dated 9.1.1982 Ex. Ka-1 was submitted by informant Dharam Pal at Police Station Hussainganj mentioning therein that on 9.1.1982 informant and his uncle Ram Prasad were returning to their house on bicycle. Ram Prasad was riding bicycle and informant was a pillion rider. At about 6 P.M when they reached near the north-east corner of the house of Jageshwar suddenly accused Ram Manohar armed with country made pistol and Mewa Lal armed with axe came there. Accused persons exhorted to kill the informant and Ram Prasad (deseased). On hearing this, informant jumped from the bicycle and raised hue and cry. Ram Prasad also tried to get down from the bicycle. Ram Manohar fired from his country made pistol. As a result of which Ram Prasad got injured thereupon accused Mewa Lal assaulted him with the help of an axe. As a result of which Ram Prasad died on the spot. On the hue and cry of the informant witnesses Ram Das, Rajan, Satya Narain came there and saw the incident. When they challenged the accused persons, they ran away. It was moon light at the time of incident. It is also mentioned in the F.I.R. that there was some previous enmity between deceased Ram Prasad and the accused appellant over the theft of a goat and a buffalo of Ram Prasad which was allegedly stolen by Ram Manohar. On this point altercation took place between them which gave rise to the commission of the present offence.

4. On the basis of the written report Ex. Ka-1, chick F.I.R. Ex. Ka-2 was registered at police station concerned on the same day at about 8.25 p.m. against the accused Ram Manohar and Mewa Lal.

5. Investigation was entrusted to S.I. Jai Karan Singh, who after recording the statement of Head Moharrir Ansar Ahmad, Dharam Pal (informant) and one Rajendra Kumar Shukla proceeded to place of occurrence. Registration of the F.I.R. was also entered in the general diary at S. No. 24, copy of which is Ex. Ka.-3 on the record. Investigating Officer on reaching the village recorded statement of Ram Das and Rajan and also other persons. Search of the accused persons was also made in the night itself. Memo Ext. Ka-5 and 6 were prepared in this regard. Due to darkness inquest report could not be prepared in the night. In the morning of 10.1.1982 inquest report was prepared as Ex. Ka-7 and thereafter the dead body was sealed. He also prepared sample seal, challan nash, letter for post-mortem examination and a letter to R.I. Dead body was dispatched through Constable Ram Kumar and Ram Das to the mortuary. Investigating Officer had also taken the clothes from the body of the deceased at the time of preparing the inquest report. A memo in this regard was prepared and marked as Ex.Ka-13. Site plan (Ex. Ka-14) was prepared. During inspection bicycle of the deceased was found on the spot and the same was entrusted in the custody of Dharampal and a supurdgi memo (Ex. Ka-15) was prepared. The Investigating Officer took blood stained and plain earth from the spot and the same was kept in separate container and memo (Ex. Ka.-16) was prepared. Empty cartridge found on the spot was also taken into custody and a memo in this regard was prepared. After interrogatin