1. Appellant Rajesh Kumar has preferred appeal against the judgment and order dated 2.4.1999 passed by the then Sessions Judge, Farrukhabad in S.T. No. 318 of 1996 (State versus Mahesh Chandra Dixit and another), arising out of Case crime No. 238 of 1995, Police Station (in short, P.S.) Chibramau, District Farrukhabad, whereby late Mahesh Chandra Dixit and his son Rajesh Kumar were convicted under section 302 read with Section 34 IPC and 506 IPC and sentenced to life imprisonment alongwith fine of Rs. 10,000/- with default stipulation and two years rigorous imprisonment respectively. Both the sentences were to run concurrently.

2. Appellant Mahesh Chandra Dixit has died, therefore, his Criminal Appeal No. 3930 of 2013 stood abated vide order dated 05.10.2015. This Court is now concerned only with appeal of surviving appellant Rajesh Kumar, who is said to be in jail.

3. Prosecution case, in brief, is that complainant Ramakanti, sister of the deceased Subhash Chandra started living with her bother after death of her husband. At the time of incident, she was living at Randhirpur, her parental home. Deceased Subhash Chandra, appellant Mahesh Chandra Dixit and one Rakesh Chandra Dixit were her brothers. Complainant Ramakanti was living with her deceased brother Subhash Chandra, who did not have any child of her own.

4. It appears that two bighas agricultural land each was given to Ramakanti by her brothers Subhash Chandra and Rakesh Chandra for her maintenance. Her three brothers also acquired land owned by her childless Tau Ramdhin. Apparently Ramdhin, uncle of complainant and deceased owned 12 Bighas of land which was divided amongst her three brothers, namely, deceased Subhash, Rakesh and appellant Mahesh Chandra Dixit. However, allegation is that Mahesh Chandra Dixit fabricated will of entire twelve Bighas of agricultural land of Ramadhin in his favour which resulted into dispute and litigation amongst his brothers.

5. On 16.05.1995 at about 5:00pm, complainant Ramakanti (PW-1) his brother deceased Subhash Chandra and one Pravesh Kumar (PW-4) were walking on foot. Deceased Subhash was carrying a bicycle by his hand. As soon as, they reached place near tube-well of late Mahesh Chandra, he along with his son Rajesh Kumar came out and challenged them. Appellant Rajesh Kumar opened fire at deceased Subhash Chandra who fell down on the ground. Thereafter appellant Mahesh Chandra Dixit (now dead) stabbed him with a knife, resulting in his instantaneous death. Both complainant Ramakanti (PW-1) and Pravesh Kumar (PW-4) raised alarm, whereupon both appellants threatened them and thereafter fled from the spot.

6. PW-1 Ramakanti (complainant) got the report (Ex. Ka1) of this incident scribed by PW-4 Pravesh Kumar and lodged it at police station Chibramau which was 5 kms away from the place of occurrence, as per chick report (Ex.Ka-3). Inspector Ramjeet Prasad Arya (PW-5) went to the place of occurrence at about 9:00pm but could not conduct inquest proceedings on account of darkness. Next morning i.e. 17.05.1995, inquest proceedings (Ex.Ka-7) were conducted and corpse of deceased was sent for postmortem. Site-plan (Ex.Ka-11) was prepared. Autopsy (Ex.Ka-2) was conducted. Statements of witnesses were recorded. After finding sufficient evidence against the appellants, a charge-sheet (Ex.Ka-13) under Sections 302, 506 IPC was submitted against the appellants.

7. It is pertinent to point out that prior to submission of charge-sheet, several attempts were made by the Investigating Officer (in short I.O.) to apprehend the accused persons but they escaped and could not be apprehended. Charge-sheet, in fact, was submitted in their absence. Prior to submission of the charge-sheet, attachment proceedings were drawn and conducted under Sections 82, 83 Cr.P.C. as stated by PW-5 Ramjeet Prasad Arya in his testimony.

8. The then Session Judge Farrukhabad Sri S.K. Gupta framed charges against the late Mahesh Chandra Dixit and appellant Rajesh