Hon’ble Arvind Kumar Mishra-I, J.—By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 26.4.2013 passed by the Additional Sessions Judge, Court No. 5, Badaun, in Sessions Trial No. 1065 of 2011 State of U.P. v. Kallu Khan, arising out of Case Crime No. 980 of 2011, under Sections 304, 504 IPC, Police Station- Dataganj, District- Badaun whereby the appellant Kallu Khan has been sentenced to life imprisonment coupled with fine Rs. 10,000/- under Section 304 IPC, with default stipulation for one month’s additional imprisonment. By the same judgment, the appellant Kallu Khan has been exonerated of charge under Section 504 IPC. In this case, the appellant is in jail since trial.

2. Heard Sri Gaurav Kakkar, learned counsel for the appellant and Sri A.N. Mulla, Sri J.K. Upadhyay, Kumari Meena and Syed Hasan Shaukat Abidi, learned AGAs for the State and perused the record of this appeal.

3. Facts germane as reflected from perusal of the record and particularly from the First Information Report reveal that the informant Aziz Khan father of the deceased Jubaida lodged the written report at Police Station Dataganj, District Badaun on 8.7.2011 at 9:45 p.m. against the accused-appellant Kallu Khan for causing death of her daughter Jubaida by firing on her in drunken state with specific allegations that the accused-appellant Kallu Khan is brother in law of the informant’s real elder brother Rais Khan. He is a habitual drunkard and takes liquor daily and creates noisy scene in the village. On the date of the incident i.e. 8.7.2011, the accused-appellant under deep influence of liquor came to his door around 8:00 p.m. and began to extend abuse on him. When the informant asked him not to abuse then he fired shot from countrymade gun 315 which fire hit the informant’s daughter Jubaida aged 10 years who at that point of time was standing at the door. The injured Jubaida was taken to the Government Hospital at Dataganj where she was declared dead. The dead body of the informant’s daughter was lying in the Government Hospital. This incident was witnessed by Zahir Khan, Sabhir Khan and the other villagers. It was requested that report be lodged and appropriate action be taken. The written report is Ext. Ka-1.

4. Contents of the aforesaid information were taken down in the concerned Check FIR at Case Crime No. 980 of 2011 under Sections 304, 504 IPC, at Police Station Dataganj, District Badaun, on 8.7.2011 at 9:45 p.m. Check FIR is Ext. Ka-3. On the basis of entries so made in the check F.I.R., a case was registered against the accused-appellant in the relevant G.D. at serial No. 49 on 8.7.2011 at 21:45 hours at aforesaid case crime number at Police Station Dataganj under aforesaid sections of I.P.C. against accused-appellant. General diary copy is Ext. Ka-4.

5. Record reflects that after the case was lodged against the accused-appellant, the investigation of the case was taken over by the Investigating Officer, Harpal Singh PW-5 who was, at that point of time, posted as Sub-Inspector at Police Station Dataganj. He took primary steps and recorded relevant contents of the First Information Report and general diary. Constable Om Prakash immediately proceeded to the hospital for holding inquest of the deceased Jubaida. There was proper arrangement of light, therefore, after selecting inquest witnesses, inquest was held. The witnesses concurred with the Investigating Officer that the dead body be sent for post mortem examination in order to ascertain real cause of death. The inquest report is Ext. Ka-5.

6. In the course of proceedings, relevant papers were prepared for sending the dead body for post mortem examination. These papers are Ext. Ka-6 to Ext. Ka-9. Thereafter, post mortem examination on cadaver of the deceased Jubaida was done by Dr. Amit Kumar on 9.7.2011 at 3:00 p.m. at District Hospital Badaun wherein he noted the following ante mortem injuries: