Hon’ble Arvind Kumar Mishra-I, J.—Heard Sri R.K. Singh, learned counsel for the appellants assisted by Sri Kameshwar Singh, learned Advocate and Sri Sagir Ahmad, Sri J.K. Upadhyay and Kumari Meena, learned AGAs assisted by Sri Hasan Abidi learned brief holder for the State and perused the record of this appeal.

2. By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 12.10.1995 passed by Special Judge (E.C. Act), Banda in Sessions Trial No. 218 of 1991 (State v. Beta @ Vidya Sagar and others), arising out of case crime No. 297 of 1990, under Sections 302 IPC and 302/34 IPC, Police Station-Bisanda, District-Banda, whereby, the appellant-Beta @ Vidya Sagar has been convicted under Section 302 IPC and appellants - Indrapal, Babbu @ Santosh and Amar have been convicted under Section 302/34 IPC. Brief sketch of the sentence awarded by the trial Court is as herein under :

Appellant-Beta @ Vidya Sagar- has been sentenced to imprisonment for life under Section 302 IPC.

Appellants-Indrapal, Babbu @ Santosh and Amar- have been sentenced to life imprisonment under Section 302 read with Section 34 IPC.

3. All the sentences have been directed to run concurrently.

4. Gravamen of the charge is rooted in the first information report lodged by the informant-Mayyadin s/o Ram Lal r/o village-Dabni, Police Station-Bisanda, District-Banda at Police Station-Bisanda on 31.10.1990 at 8.30 P.M. against the accused-appellants-Beta @ Vidya Sagar, Amar, Babbu @ Santosh and Indrapal of the same village with allegation that some dispute/altercation took place sometime ago between the informant’s son-Rajju Prasad on the one hand and Beta @ Vidya Sagar s/o Manni, Babbu s/o Udra Raj and Amar s/o Raj Kumar and Indrapal s/o Ram Manohar on the other hand. The dispute was arbitrated by the intervention of the informant and the villagers. Today i.e. 31.10.1990, the informant alongwith his son Rajju Prasad had gone to answer the nature’s call in the field. Informant’s son (Rajju Prasad) went in the field of Amar, whereas the informant went in a nearby field. As soon as informant’s son had just relieved himself and was in the process of standing up and while he was taking water from drain, Beta @ Vidya Sagar, possessing licensed double-barreled gun of his uncle and Amar Singh, possessing single-barreled gun of his grandfather, appeared on the scene alongwith Babbu and Indrapal, who were hiding over there and shot at informant’s son Rajju Prasad at about 5.30 P.M. The shot hit informant’s son (Rajju Prasad) on his head above right ear, due to which, he fell down. On hearing sound of the fire and after alarm was raised, the informant’s son Munna and a number of villagers arrived on the spot, whereupon, the assailants made their escape after wading through the maize field. The informant brought his son home by putting him on a cot. En-route, his son (Rajju Prasad) told him that he was shot at by Beta @ Vidya Sagar by the gun of Indrapal. The informant’s son succumbed to his injuries on way in village-Para while being conveyed to the police station in the bullock cart of Lakhan Yadav. The dead body is lying in the bullock cart outside the police station. Request was made for lodging the report and taking appropriate action. This written report is Ex.Ka.1.

5. Contents of written report were taken down in the concerned check FIR at Case Crime No. 297 of 1990 under Section 302 IPC at Police Station-Bisanda, District-Banda at 8.30 P.M. on 31.10.1990. The copy of check FIR is Ex.Ka.11. Consequent upon entries so made in the check FIR, a case was registered against the accused persons at Police Station-Bisanda on 31.10.1990 at aforesaid crime number, under aforesaid section of Indian Penal Code. The relevant GD entry is Ex.Ka.12.

6. Record reflects that inquest of the dead body of deceased Rajju was held the next day of the occurrence i.e. on 1.11.1990. It commenced at 6.30 A.M. and