Hon’ble Bharat Bhushan, J.—The appellants have directed this appeal against the judgment and order dated 7.6.1983 passed by the then 5th Additional Sessions Judge, Budaun in Sessions Trial No. 427 of 1981 arising out of Case Crime No. 135 of 1980 (State v. Prempal and another), Police Station (in short P.S.) -Islamnagar whereby the appellants were convicted under Section 302 IPC and sentenced to life imprisonment.

2. According to the informant Savitri Devi (P.W-10), her deceased husband Charan Singh was practicing medicine and living at the residence of appellant/accused Prem Pal Singh Thakur, at village Nachni, District Budaun. It is alleged that the deceased Charan Singh developed illegitimate physical relationship with one Susheela, sister of appellant Prem Pal Singh. Prem Pal Singh and his family members got infuriated and kept on looking the opportunity to eliminate deceased Charan Singh.

3. Informant tried to reason with her husband but of no avail. In fact he procured a country made pistol for his protection. Six days prior to the incident both the appellants Prem Pal Singh and Babu Lal got the deceased Charan singh arrested for possession of unlicensed weapon. He was bailed out one day prior to the episode. Next day i.e. on the date of occurrence the deceased Charan Singh alongwith his wife Savitri Devi (informant) went to the village Nachni for realization of remaining dues from patients. Appellants accosted them on their way to Village Nachni. Appellant Prem Pal Singh was holding Double Barrel Gun and appellant Babu Lal was wielding Single Barrel gun. They fired 5-6 shots each upon the deceased Charan Singh who died instantaneously. The incident was allegedly witnessed by Yadram, Gendan Lal (P.W.-9), Chunni (P.W.-1), Bhagirath (P.W.-2), Tinku, Kallu (P.W.-4) and Bheekam Singh (P.W.-3). They reportedly rescued the informant Savitri Devi (P.W.-10) also. The incident is said to have been occurred on 20.7.1980 at about 6.30 a.m. P.W.-10 Savitri Devi lodged the FIR on the same day at about 8.30 a.m. The distance between the place of occurrence near village Nachni and police station Islam Nagar is indicated to be 5 Kilometers as per chik report (Ex-Ka-2).

4. The aforesaid story was later on improved upon and it was also added that the deceased Charan Sigh had also developed intimate relationship with Kiran, Sister of second appellant/accused Babu Lal. The police went to the place of occurrence immediately in the aftermath of the incident. It is stated that the police personnel reached the place of occurrence at about 9.30 a.m. Inquest was conducted and investigation ensued. On completion of investigation the Investigating Officer Sri Harimaya Sharma (P.W.-13) submitted a charge-sheet (Ex-Ka15) against both the accused appellants.

5. Trial Court framed charges against both the accused under Section 302 IPC on 27.11.1982. Appellants pleaded not guilty and claimed to be tried. The prosecution adduced testimony of as many as 13 witnesses namely P.W.-1 Chunni (eye-witness), P.W.-2 Bhagirath (eye-witness), P.W-3 Bheekam Singh (eye-witness), P.W-4 Kallu (eye-witness), P.W-5 Dr. N. P. Singh, (who conducted autopsy), P.W.-6 H.C. Radhey Shyam Sharma (who recorded the FIR), P.W-7 H.C. Om Prakash (who prepared inquest), P.W.-8 Tilak Singh (eye-witness), P.W.-9 Gendan Singh (eye-witness), P.W.-10 Savitri Devi (informant/eye-witness), P.W.-11 Constable Kanwar Pal Singh (who registered a case against the deceased Charan Singh under Arms Act on 14.7.1980), P.W.-12 Constable Subhash Chandra who took corpse of deceased to the mortuary and P.W.-13 Harimaya Sharma (Investigating Officer).

6. The appellants denied all the allegations in their statements under Section 313 Cr.P.C. and have claimed false implication due to village party bandi. Appellant Prem Pal has not adduced any evidence, oral or documentary in his defence. However, second appellant Babu Lal has raised the plea of alibi and produced two witnesses namely D.W.-1 A.S. Riz