Hon’ble Shashi Kant Gupta, J.—The Criminal Appeal No. 2562 of 1984 has been preferred by the appellant Indrajeet against the judgment and order dated 16.8.1984 passed by the Spl. Judge, Basti in S. T. No. 21 of 1983, State v. Indrajeet and others, under Sections 302 of the Indian Penal Code (in short “the IPC”), Police Station Khalilabad, District Basti whereby the accused appellant Indrajeet has been convicted under Section 302 IPC and sentenced to undergo life imprisonment.

2. Co accused namely Ram Chet and Dileep Kumar, who were also convicted under Section 352 read with Section 34 I.P.C. and sentenced to undergo three months’ rigorous imprisonment have also filed, criminal appeals No. 2440 of 1984 (Ram Chet v. State of U.P.) and 2425 of 1984 (Dileep Kumar v. State of U.P.) respectively. Appellant Dileep Kumar died during the pendency of the criminal appeal No. 2425 of 1984. As such, the appeal filed on his behalf was dismissed as abated vide order dated 20.8.2007. Hence, the criminal appeals No. 2562 of 1984 (Indrajeet v. State) and 2440 of 1984 (Ram Chet v. State of U.P.) are being taken up for consideration.

3. The prosecution story, in nutshell, is as follows :

4. As per the prosecution story, on 13.11.1982 at around 6.30 pm when the deceased (Purnmasi) with his wife Smt. Prawati Devi-P.W.1, Ram Awadh-P.W.3, brother-in-law (sarhoo), Achhey Lal-P.W2, brother in law’s son and some customers including P.W.6, Sarwanand, was present at his hotel (Dhaba), the accused appellant Indra Jeet, with his companions Dilip Kumar and Ram Chet, arrived there and asked if they could get something to eat at the hotel. Smt.Parwati Devi, the wife of the deceased asked Indra Jeet, to first clear his dues of Rs. 30/-. Infuriated by the demand made by Smt. Parwati Devi, accused Indra Jeet, asked Purnwasi (deceased) that why could he not stop his wife from making such a demand which she often makes. On this, the deceased Purnwasi too, justifying the demand of arrears by his wife, asked Indra Jeet, to pay off his dues. Thus the accused Ram Chet and Dilip, the two accomplices of Indra Jeet, exhorted Inderjeet to beat Purnwasi for his audacity to demand money. On hearing this the appellant Indra Jeet got infuriated and enraged whipped out a country made pistol and fired at Purnwasi hitting him on his left chest just below his collar bone, resulting his instantaneous death on the spot. A petromex was allegedly burning inside the hotel by the side of the deceased. This incident amongst others was witnessed by Smt. Parwati Devi, P.W. 1 Achhey Lal P.W.2, Ram Awadh P.W.3 Sarwanand, P.W.6 and a host of adjoining shopkeepers and customers present at the hotel. Smt. Parwati Devi, the wife of the deceased, after getting a written report Ext. Ka-1, scribed by one Ved Prakash Chaubey a school teacher, proceeded to the P.S. Khalilabad, in the company of her sister-in-law in a Jeep and handed over the written report Ex. Ka-1 to the Head constable, Ravindra Singh, then posted at P.S. Khalilabad, who on the basis of the written report drew the chik report Ext. Ka2 and registered a case vide general diary No. 47, at 7.45 p.m. on that very day of the incident (Ext. Ka-3). After registration of the case P.W.4, Head constable, Ravindra Singh, sent the relevant papers alongwith zild panchayatnama, etc to P.W.6, S.I. Bechan Singh through a constable Dhanusdhari at Maghar. On receipt of the papers, S.I. Bechan Singh, P.W. 8, proceeded with the investigation of this case. He took the dead body into custody, appointed panchas, and after inspecting the dead body, prepared panchayatnama, photo nash, challan nash, and wrote letters to the Chief Medical Officer and the concerned Medical Officer (Ext. Ka-6 to Ext,. Ka-10). He, thereafter, sealed the dead body and handed it over alongwith relevant papers to constable Ram Daras, P.W. 5, and Mahant yadav, for taking it to the mortuary at Basti. These two constables in their turn took the dead body to the mortuary where o