Hon’ble Shashi Kant Gupta, J.—This criminal appeal arises out of the judgment and order dated 12.3.1984 passed by the VIth Additional Sessions Judge, Kanpur in Sessions Trial No. 368 of 1983 whereby the Appellant was convicted and sentenced to undergo imprisonment for life for offences under Section 302 IPC read with Section 34 IPC.

2. Background facts in a nutshell are as follows:

3. Prem Singh and Ram Dayal Singh, first informant were sitting in the Verandah of the house on 17.5.1983. At about 10 p.m., the accused Mahesh Kahar and Brij Mohan alias Balli alongwith one Satya Narain, who is absconding, reached at the house with a motor cycle and enquired whether Vijai Singh is present. Prem Singh and Ram Dayal Singh told them that Vijai Singh is in the room. At this, both the accused alongwith Satya Narain went in the room of Vijai Singh on the first floor and started talking to Vijai Singh. Satya Narain asked Vijai Singh as to why he has not brought Km. Aruna. At this, Vijai Singh replied that he has no concern with Km. Aruna. The accused Satya Narain threatened him and stood up with anger. At this Vijai Singh said that he knows all misdeeds of him and will see him. Thereafter Satya Narain fired two shots from a pistol towards Vijai Singh which resulted into the death of Vijay Singh. After Vijai Singh died, Satya Narain and two accused fled away on that motor cycle threatening other occupants of the house. Prem Singh and Ram Dayal Singh tried to chase them, but could not catch hold of them. It is alleged that the incident was witnessed by the said witnesses in the light of the electric bulb.

4. After the incident, a written report Ex. Ka 1 of this incident was got written by Ram Dayal Singh, the neighbour of the deceased. 5. The said report was taken by him to the police station Babupurwa and was given there. On the basis of this written report, chik report Ex. Ka 8 was prepared by Satya Prakash Pandey, Constable Clerk P.W. 5 on 18.5.1983 at 00.15 a.m. He registered a case at that time in the G.D. Ex. Ka 9.

5. The investigation of the case was carried out by Sri Manni Lal Tiwari, S.I. P.W. 6. He immediately took up the investigation and recorded the statement of the scribe of the chik report Dayaram Tiwari, P.W. 1 and G.D. Then he went to the place of the incident and recorded the statement of Ram Dayal Singh, first informant, Pratap Narain Singh and other witnesses. He thereafter inspected the spot and prepared site plan Ex. Ka 10 of the place of incident. He found one empty cartridge Ex. IV at the spot. He put it in a sealed cover vide memo Ex. Ka 4. He found blood on the beddings and took in possession blood stained Gadda, pillow and strings of cot Ex. I to III and put them in sealed cover vide memo Ex. Ka 5. There was also blood on the floor. He took in possession simple and blood stained floor Ex. V and VI vide memo Ex. Ka 2 and 3. Thereafter he examined the dead body of the deceased and got prepared its inquest report.

6. Panchayatnama is Ex. Ka. 6, diagram of the dead body is Ex. Ka 12 and letter for post-mortem examination is Ex. Ka 13. The dead body was sealed and was sent for post-mortem Ex. Ka 11 through Bara Lal, Constable, P.W. 3, alongwith documents. Thereafter he recorded the statements of other witnesses. On 19.5.1983, the Investigating Officer recorded the statement of Prem Singh P.W. 4. The accused appeared in the Court on 25.5.1983. They were interrogated on 2.6.1983. The remaining investigation was done by R.N. Tiwari, Inspector, who submitted the charge-sheet Ex. Ka 14 against the accused.

7. All the recovered articles Ex. I to V and clothes of the deceased were sent for chemical examination and human blood was found on them according to report Ex. Ka 15 and Ka 16.

8. The post-mortem examination of the deceased, Vijai Singh was done by Dr. Anupam Dayal, P.W. 2 on 18.5.1983 on 3.45 p.m. He prepared port-mortem report Ex. Ka 7. According to this report, the deceased was aged about 24 years and died o