Hon’ble Alok Kumar Mukherjee, J.—Since both these appeals have been preferred against a common judgment and order dated 24.6.1983, passed by the VIII Additional Sessions Judge, Agra in S.T. No. 414 of 1982 (State v. Dalbir Singh and another) arising out of Crime No. 130 of 1982, P.S. Firozabad (North), District Agra, convicting the appellants under Section 302 read with Section 34 IPC and sentencing them to undergo imprisonment for life, both these appeals were connected and heard together.

2. It is relevant to mention that while hearing these appeals, it has been noticed by us that the sole accused-appellant Durab has died during pendency of Criminal Appeal No. 1492 of 1983 (Durab v. State of U.P.), therefore, his appeal stands abated vide order dated 21.1.2016 of Coordinate Bench of this Court, as such connected Criminal Appeal No. 1587 of 1983 (Dalbir Singh v. State of U.P.) is being disposed of by this judgement.

3. The appellant/accused Dalbir Singh has filed this appeal against the aforementioned judgement and order dated 24.6.1983 on the ground that the learned trial Court below has erred in believing the prosecution case and the evidence examined in support thereof. The conviction of the appellant is against the weight of evidence on record.

4. Brief facts of the prosecution case are that on 23.4.1982 at about 1.00 P.M. Gafoor Khan gave a written report at police station Firozabad (North), District Agra, stating therein that he belonged to village Virthua falling within the police circle Barnahal in district Mainpuri and was employed in the State Electricity Board, Firozabad as a security guard. The deceased Anwar Khan, too, was working as a labourer in that town in the Public Works Department. They had some enmity with one Shishu Pal and his brother Sonpal Singh, with whom a litigation regarding some landed property was going on. One Niranjan, who is alleged to be another assailant in this case, was related to Sonpal, being the son of his wife’s brother. Informant and the deceased were witnesses in two cases under Sections 399 and 402 of Indian Penal Code against Niranjan and one Brahma. Accused Durab also bore some enmity against the deceased. Accused Dalbir Singh is the son of Sonpal, mentioned above, against whom the informant and the deceased were litigating.

5. On 23rd April, 1982 at about 8 or 9 in the morning one Munshi Khan (P.W.-2), another cousin of Gafoor Khan (P.W.-1) came to invite him to a marriage. He stayed with the informant for some time and then he alongwith Gafoor Khan proceeded towards P.W.D. Godown in mohalla Prem Nagar, P.S. Firozabad North, District Agra, for extending invitation to Anwar. When they reached near the said P.W.D. Godown at about 11.15 A.M., suddenly they saw that accused-appellant Durab and Niranjan were holding Anwar by his arm and the accussed-appellant Dalbir Singh was standing in front of Anwar Khan with a countrymade Pistol and before they could raise an alarm, Dalbir Singh fired at Anwar, who fell down dead on the stairs leading to the Chabutra in front of the said P.W.D. Godown. Thereafter, the assailants ran away towards the west. In the meantime, a number of persons gathered at the spot. Leaving Munshi Khan with the dead body of Anwar, Gafoor Khan went to the concerned police station where he handed over a written report (Ext.Ka-1), scribed by one Bashir Ahmad (P.W.-3) on his dictation.

6. Subsequently an FIR was registered as case Crime No. 130 of 1982 under Section 302 IPC, which was entered in the General Diary. Investigation was entrusted to the then Circle Officer. After concluding the investigation charge-sheet was submitted by him against the accused persons including the present appellant. Accused Niranjan absconded hence could not be arrested. After procuring the attendance of the present appellant, the case was committed to the Court of Session, where he was charged under Section 302 IPC. The accused-appellant denied the charge and pleaded not guilty. H