Hon’ble Arvind Kumar Tripathi, J.—Shri Rajul Bhargava, learned counsel for the appellants assisted by Ms. Archana Tripathi, Advocate appeared on behalf of the appellants and Shri Mahendra Singh Yadav, learned A.G.A. appeared on behalf of the State.

2. The instant Criminal Appeal has been preferred against the judgment and order of conviction and sentence dated 17.2.2004 passed by learned Additional Sessions Judge, Fast Track Court No. 2, Ballia in Sessions Trial No. 16 of 2003 arising out of Case Crime No. 105/2002 under Sections 302, 504, 506 I.P.C. PS.Sukhpura, District Ballia convicting and sentencing the appellant Tribhuwan Singh under Section 302 I.P.C. and accused appellants Nagendra Singh, Dharmendra Singh and Malti Devi under Sections 302 read with 34 I.P.C. for life imprisonment with fine for a sum of Rs. 5000/-, in default of payment of fine one year’s additional imprisonment was awarded. All the appellants were acquitted under Section 504/506 I.P.C.

3. The brief facts of the case is that the First Information Report was lodged and registered at Police Station Sukhpura at Case Crime No. 105/02 under Sections 302/504/506 I.P.C. by the informant Mukesh Kumar Singh, son of the deceased. The First Information Report was got written by scribe Anil Kumar Singh s/o Satyadeo Singh, r/o Sukhpura. According to First Information Report Ramesh Kumar Singh r/o Police Station Sukhpura, District Ballia. His father was working at Ganga Nagar, Rajasthan. His father, the informant and other family members came from Ganga Nagar to Sukhpura village on 10.7.2002. There was ‘Gobargas plant and garhi (small pond)behind his house. On 11.7.2002 at about 4.30 p.m. on the said land behind his house the accused appellant Tribhuwan Singh s/o Nagendra Singh, Nagendra Singh s/o Gauri Singh, Dharmendra Singh s/o Nagendra Singh suddenly started unloading soil from tractor. His father Ramesh Kumar Singh raised objection, then they abused and asked him to leave the place otherwise he would be killed. In the meantime Nagendra Singh, accused appellant exhorted to bring licensed gun, pharsa and country made pistol from house and to kill him. Thereafter meantime Tribhuwan Singh went towards his house by scooter and when he returned, his sister was sitting on pillion of scooter. After alighting from the scooter Tribhuwan Singh took himself gun and gave pharsa to his father and katta to his sister Malti Devi. All the said four accused appellants abused and exhorted with an intention to kill. Trbhuwan Singh shot fire with gun at his father who after receiving gunshot injury fell down. The entire incident was witnessed by Anil Kumar Singh s/o Parshuram r/o Sukhpura, Kameshwar Singh s/o late Chandrama Singh r/o Sukhpura, Bhola Singh s/o Lalmuni Singh r/o Sukhpura and other persons. He took his father in an injured condition with the help of other persons for treatment to Sadar Hospital where doctor declared him dead. Leaving the dead body in the hospital, he went to lodge the First Information Report on the same day i.e. on 11.7.2003 which was got written by scribe Anil Kumar Singh. The First Information Report was registered at 18-15 (6.16 P.M). The distance from the place of the occurrence to the police station was about one km. After the First Information Report was registered, chick report was prepared. G.D. entry was made. Panchayatnama was prepared as Ext.Ka.3. From the spot blood stained and simple soil were taken.

4. Post-mortem examination was conducted that was prepared and proved as Ext.Ka.4. Map and site plan were prepared. The statement of the witnesses were recorded. After completing formalities charge-sheet Ext.Ka.7 was filed by the Investigating Officer. Chick report First Information Report was exhibited as Ext.Ka-8. G.D. entry was proved and exhibited as Ext.Ka-9. Other relevant papers were filed and exhibited.

5. The prosecution to prove its case, examined as many as eight witnesses namely, PW-1 Anil Kumar Singh, eye-witness, PW-2 Mu