Arvind Kumar Mishra-I, J.

1. By way of instant criminal appeal, challenge has been made to the judgment and order of conviction dated 12.02.2004 passed by the Additional Sessions Judge, Court No. 3, Fatehpur, in Sessions Trial No. 140 of 2000 State of U.P. Vs. Ramesh Chandra Tiwari, arising out of Case Crime No.48 of 2000, under Section 302 IPC, Police Station-Kishanpur, District-Fatehpur and Sessions Trial No.141 of 2000, State Vs. Ramesh Chandra Tiwari, arising out of Case Crime No.53 of 2000 under Section 25 Arms Act, Police Station-Kishanpur, District-Fatehpur whereby the appellant Ramesh Chandra Tiwari has been sentenced to life imprisonment coupled with fine Rs.20,000/- under Section 302 IPC, with default stipulation for two months' additional rigorous imprisonment and further sentenced to three years' rigorous imprisonment coupled with fine Rs.2000/-, with default stipulation for additional one month's rigorous imprisonment. Both the sentences were directed to run concurrently.

2. Heard Sri Jai Shanker Audichya, learned counsel for the appellant, Sri A.N. Mulla assisted by Kumari Meena, Sri J.K. Upadhyay and Mrs. Manju Thakur, learned AGAs for the State and perused the record.

3. It trickles out from record that on the basis of written report moved by informant Brij Bhan Singh son of Late Laxman Singh, resident of Village-Naraini, Police Station-Kishanpur District-Fatehpur, the first information report was lodged regarding murder of his son Ram Baran Singh committed by the appellant by firing on him on 14.3.2000 at 7:00 p.m., with specific allegations that informant's son Ram Baran Singh returned from Fatehpur to Naraini and was chewing betel at betel shop of Vijay along with Raju Tiwari, resident of Naraini. Appellant, Ramesh Chandra Tiwari also arrived over there and demanded of him 20 feet land adjoining to the road. This was opposed by informant's son Ram Baran Singh. This infuriated Ramesh Chandra Tiwari. He took out country-made pistol when his son ran away from there in order to save himself and entered into the house of Babu Lal Halwai in the courtyard. He was pursued by Ramesh Chandra Tiwari. After entering in the house, Ramesh Chandra Tiwari shot dead informant's son in the courtyard of the house. Some emergency light was lit at the betel-nut shop of Vijay. This shop was located in the house of Babu Lal Halwai. The incident was witnessed by Raju Tiwari and Satya Dev Pandey, resident of Naraini and by the few other persons. It was stated that the dead body is lying on the spot. This report was scribed by Raju Tiwari son of Rudra Nath Tiwari, resident of Village-Naraini, Police Station Kishanpur, District Fatehpur and the same is Exhibit Ka-1.

4. Contents of written report were taken down in the concerned check F.I.R. registered at Case Crime No. 48 of 2000 under Section 302 I.P.C., at 10:00 p.m. on 14.03.2000 at Police Station Kishanpur which is Exhibit Ka-14. On the basis of entries so made in the check F.I.R., a case was registered in the relevant G.D. at serial no. 35 on 14.3.2000 at 10:00 p.m. at aforesaid case crime number at Police Station Kishanpur under aforesaid section of I.P.C. against appellant, which is Exhibit Ka-16.

5. The investigation ensued soon after registration of the case against accused Ramesh Chandra Tiwari. Investigation was taken over by Shambhu Dayal Shukla PW-4. The Investigating Officer proceeded to the spot, appointed inquest witnesses and prepared inquest report of deceased Ram Baran Singh. Its preparation commenced at 8:00 a.m. on 15.03.2000 and completed at 8:30 a.m. In the opinion of the inquest witnesses and the Investigating Officer, it was thought proper to send the body for postmortem examination for ascertaining real cause of death. The inquest report is Exhibit Ka-2.

6. In the process, relevant papers for sending dead body for autopsy were prepared which are photo nash, challan dead body, letter to R.I. and letter to CMO. These papers have been exhibited as Exhibit Ka