Bharat Bhushan, J.

1. Appellants Nanhe and Satya Prakash have assailed the judgment and order dated 26.9.2007 passed by the then Addl. Sessions Judge, Court No. 2 Farrukhabad in Sessions Trial No. 21 of 1998 (State Vs Nanhe and another) arising out of Case Crime No. 262 of 1997, under Section 302 Indian Penal Code, 1860 (in short IPC), Police Station (PS)-Shamshabad, District Farrukhabad whereby the appellants were convicted under Section 302 IPC and sentenced to life imprisonment and a fine of Rs. 5000/-with default stipulation.

2. Prosecution story in brief is that on 8.11.1997 at about 5 p.m., the deceased Ravindra Singh and his son Kaushal Kishore (P.W.-1) were coming back on a bicycle from Majhna Bazar towards their village Khudna Baid. As soon as they neared the agriculture field of one Lala Ram, close to village, appellants Nanhe and Satya Prakash, armed with country made pistol, surfaced from the bushes nearby and opened fire. Deceased Ravindra Singh father of Kaushal Kishore (P.W.-1) got hit. The complainant Kaushal Kishore (P.W.-1) left his bicycle and raised alarm whereupon Awadhesh Kumar (P.W.-3), Mahaveer Prasad of Village Khudna Baid (not examined), Dr. Udaiveer of village Majhna (not examined) and Prabhat Kumar of village Karanpur Gangtara (not examined) arrived on the spot. All of them recognized the assailants but assailants ran away from the spot while Ravindra Singh died instantaneously on the spot.

3. Complainant Kaushal Kishore got a report (Ex-Ka-1) scribed by one Kamlesh Kumar of village Kuiyankhera and lodged it at P.S. Shamshabad at 7.45 p.m. meaning thereby that the FIR was lodged in less than three hours at P.S. Shamshabad, which was six kilometers away from the place of occurrence. Evidence reveals that complainant Kaushal Kishore traversed the distance between the place of occurrence and P.S. with bicycle.

4. P.W.-4 Constable Ram Bharosey Lal, the then constable clerk of P.S. Shamshabad recorded the First Information Report (FIR) (Ex-Ka-1), carved out a chick report (Ex-Ka-5) and made relevant entries in the General Diary (GD) of P.S. The original G.Ds. have been destroyed and a report in this connection has been proved on record as Ex-Ka-6, while the Carbon Copy of the GD is available on record as EX-Ka-7.

5. Initially investigation was conducted by P.W.-6 Ram Kumar Singh, the then Sub Inspector of P.S. Shamshabad, who is said to have conducted the inquest proceedings, prepared inquest report Ex-Ka-9 and obtained blood stained earth and simple earth from the place of occurrence and prepared Fard report Ex-Ka-3. A cycle on which the deceased and his son were traveling was also first taken into possession and thereafter given in custody of complainant (Fard Ex-Ka-4). Site plan (Ex-Ka-14) was also prepared. Dead body was sent for postmortem on 9.11.1997 through Constable Praveen Kumar and Constable Ravindra Singh of P.S. Shamshabad. Autopsy was conducted by P.W.-2 Dr S.C. Tiwari, who prepared the postmortem report (Ex-Ka-2). Dr. S.C. Tiwari found following anti-mortem injuries on the person of deceased:-

1. A firearm wound of entry 2.5 cm X 2 cm X Cranial Cavity Deep on beglet mastoid region just below and behind the right ear. Margins are inverted. Lacerated ecchynosed. Blackening and tattooing present in an area of 9 cm X 7 cm on debection right mastoid bone; left parietal bone fractured, mid of Cranial fossa bones of skull fractured. Margins are brain lacerated with blood clots. Recovered one metallic big bullet recovered from cranial cavity.

2. A firearm wound of entry 1.5 cm X 1 cm X through and through on right side of chest in the middle 10 cm above and medial to right nipple at 2 O' clock position. Margins are inverted and lacerated ecchynosed with commune cutting wound of exit 2 cm X 1.5 cm on back of left

6. P.W.-6 Ram Kumar Singh is said to have recorded the statement of certain witnesses. This witness has testified that he reached the place of occurrence somewhere about 8.45 p.m. meanin