(Author Hon'ble S.N. Agnihotri, J.)

1. Feeling aggrieved with the judgment and order dated 04.10.1985 passed by learned Special Judge, Dacoity Affected Area, P.S. Baberu, District Banda, accused Kallu @ Ugrasen Singh preferred this appeal, whereby learned Special Judge hold guilty to accused/appellant and punished him under section 302 I.P.C. with life imprisonment and under section 394 I.P.C., four years rigorous imprisonment. It was also ordered that both imprisonment shall run concurrently.

2. The factual matrix of the case is that on date 26.10.1984, deceased Shri Jhamman Yadav along with his cousin brother Babulal Yadav was coming back from his field and appellant Kallu @ Ugrasen Singh with other accused was also coming behind deceased Jhamman. At about 5:00p.m. when Jhamman reached near the field of Gaya Lohar accused Kallu @ Ugra Sen fired upon Shri Jhamman which hit him on back. Being seriously injured, deceased tried to escape but he failed and fell down near the field of Shri Ram Kumar Yadav. Complainant Shri Babu Lal Yadav raised alarm but accused Kallu @ Ugrasen threatened him, that's why he could do nothing. Accused Kallu @ Ugrasen snatched licenced double barrel gun and 20 cartridges from deceased Shri Jhamman Yadav and ran away from the place of occurrence.

3. After fleeing of the accused Kallu @ Ugrasen Singh, complainant Babulal brought a bullock cart of Subrathi and brought to Shri Jhamman Yadav at Village Budhauli and Scribed F.I.R. Exhibit Ka-1. Thereafter headed towards Police Station Baberu with seriously injured Jhamman, where he lodged complaint against accused Kallu @ Ugrasen with other two co-accused.

4. After registering the First Information Report, police sent injured Shri Jhamman to civil hospital, Banda for better treatment, where Shri Jhamman was admitted and his dying declaration was recorded by Tahsildar Shri Jagdishwar Mishra. Later on in the night at about 2:35p.m. seriously injured Shri Jhamman died. The information of death was sent to Police Station Kotwali Banda from where S.I. Shri Chatrapal Singh visited mortuary and performed inquest report and prepared related documents for postmortem.

5. The postmortem of dead body of Shri Jhamman was performed by Dr. D.S. Parmar. PW5 Shri Krishna Singh Sengar, Investigating Officer investigated the matter and submitted charge sheet in the court concerned.

6. Initially, the learned Special Judge framed charges against accused/appellant Kallu @ Ugrasen along with two other co accused Shri Surajdin and Shri Indrasen. The learned Special Judge after recording the evidence and hearing the submissions of the parties, acquitted accused Surajdin and Indrasen from all charges, whereas hold guilty to accused Kallu @ Ugrasen under Sections 302 and 394 I.P.C. Thus, this appeal is preferred only by accused Kallu @ Ugrasen Singh.

7. In his statement under section 313 Cr.P.C. accused Kallu @ Ugrasen Singh denied all accusations and proposed to enter into defense.

8. To prove the guilt against the accused persons, prosecution examined as many as 8 witnesses (for brevity PW's). PW1 Shri Chunna, PW2 Shri Babu Lal both are eye witnesses, PW3 Shri Jagdishwar Mishra Tahsildar who recorded dying declaration, PW4 Dr. Pramod Kumar who attended deceased Shri Jhamman at the time of his admission in the hospital in seriously injured condition. PW5 Shri Krishna Singh Sengar, Investigating Officer (for brevity I.O.), PW6 Dr. D.S. Parmar who conducted autopsy of the dead body of Shri Jhamman. PW7 Shri Chatrapal Singh who executed inquest report of dead body and relevant documents for Post Mortem and PW8 Constable Shri Ganga Charan who brought the dead body of Shri Jhamman to mortuary for postmortem.

9. Accused examined lone witness DW1 Shri Bhagwan Das.

10. Appellant accused Kallu @ Ugrasen Singh submitted an application to declare him juvenile, conflict with law and his application was allowed on 03.01.2017 and appellant Kallu @ Ugrasen Singh was declared juvenile b