Bharat Bhushan, J.

1. The appellant Alwar Dhanuk has assailed the judgment and order dated 26.2.2004 passed by learned Addl. Sessions Judge, Court No. 3 Fatehgarh, Farrukhabad in Sessions Trial No. 265 of 1999 arising out of Case Crime No. 578 of 1998, Police Station (in short PS) Kotwali Farrukhabad, District Farrukhabad whereby the appellant was convicted under Section 302 Indian Penal Code, 1860 (in short IPC) and sentenced to undergo life imprisonment and fine of Rs. 10,000/- with default stipulation.

2. Prosecution story, in brief, is that just 10-15 days prior to the present incident appellant Alwar Dhanuk had committed murder of one Raja Ram Jatav wherein the first information report (in short FIR) was lodged by informant of this case namely Aatma Ram. It is said that appellant Alwar Dhanuk, a member of clan of Aatma Ram developed animosity on account of earlier FIR. It is alleged that on 24.7.1998 at about 6.30 a.m. deceased Dharmendra son of Aatma Ram went to defecate in the agriculture field of one Bhagrani.

3. Informant Aatma Ram (P.W.-1) had also gone to defecate near the same venue and was standing near the boundary of Bhagrani's agriculture field. Suddenly, appellant Alwar Dhanuk armed with firearm weapon surfaced there and shot deceased Dharmendra while abusing him. Dharmendra fell down as a result of injuries. Informant Aatma Ram (P.W.-1) rushed towards his son. Appellant fled from the spot. Informant took his son to Ram Manohar Lohiya Hospital, (in short R.M.L. Hospital) Farrukhabad. The incident was allegedly witnessed by several persons. But because of audacity of appellant Alwar Dhanuk in committing two murders within a short span of almost two weeks, terror was created in the village. The village folks closed doors of their residences subsequent to this murder.

4. It is alleged that Aatma Ram (informant) went to the police station to lodge the FIR (Ex-Ka-1) wherein details of the incident were given. The FIR was, of-course, registered under Section 307 of the IPC. P.W.-3 Shyam Lal Yadav, the then Head Clerk (H.C.) of Kotwali Farrukhabad recorded the FIR and carved out chick report (Ex-Ka-2). Relevant entries were made in the General Diary (G.D.) of P.S. Kotwali Farrukhabad, extract of which is available on record as Ex-ka-3.

5. Deceased Dharmendra succumbed to his injuries in R. M. L. Hospital at about 9.15 a.m. This information was communicated from the said Hospital to PS Kotwali Farrukhabad at about 10.20 a.m. This information was entered into concerned G.D. at page no. 19 at about 10.20 a.m. on same day. The case was also converted from Section 307 IPC to Section 302 IPC. Extract of this G. D. is available on record as Ex-ka-4. P.W.-4 Dr S.C. Tiwary, who conducted postmortem found the following ante-mortem injuries on the person of deceased:-

1. A firearm wound of entry 3.5 cm X 3 cm X abd cavity deep on left lateral side of upper part abdomen at sub costly region. Margins lacerated ecchymosed inverted and blackened. Direction on dissection peritoneum left side both injuries left kidney, stomach and spleen lacerated and from left to right.

2. A gutter shaped firearm wound 5 cm X 3 cm X muscle deep on anterior lateral aspect of left fore arm 4 cm above left wrist.

6. P.W.-7 Sub Inspector (SI) M. L. Sonkar conducted the inquest proceedings in the R.M.L. Hospital, Farrukhabad. Inquest report (Ex-Ka-11) is available on record. Other documentation was also done.

7. P.W.-8 Deewan Giri, the then Inspector of Kotwali Farrukhabad commenced investigation by recording the statement of P.W-3 H. C. Shyam Lal Yadav of P.S Kotwali Farrukhabad and informant Aatma Ram (P.W.-1). He along with police party rushed towards the venue of occurrence in village Masaini. The venue was inspected and site plan (Ex-Ka-10) was prepared. The Investigating Officer (in short IO) also collected one pair of slipper (pIiy) and one mug (yksVk) from the spot and prepared fard Ex-Ka-7. Blood stained soil and simple earth were als