Prabhat Chandra Tripathi, J.

1. We have heard Sri Rajesh Dutt Pandey, learned Amicus Curiae for the appellant and Sri Rajeev Gupta, learned A.G.A. for the State of U.P.-respondent.

2. This jail appeal has been preferred by the appellant Chhote Lal against the impugned judgment and order of the then learned Additional Sessions Judge(F.T.C.), Sonbhadra dated 16.08.2003 in Sessions Trial No.43 of 2002, arising out of case crime no.198 of 2001, under Section 302 I.P.C., Police Station Dudhi, District Sonbhadra, whereby the accused person-appellant Chhote Lal has been convicted under Section 302 I.P.C. and has been awarded sentence of life imprisonment and fine of Rs.1000/- (Rupees One Thousand).

3. The written F.I.R. in Hindi Vernacular is enumerated as below:-

"The applicant- Indra Kunwar Vaiga wife of Shambhoo Kahar, resident of village Saro Kalan, Police Station Dudhi, present address Rantola, Police Station Dudhi, District Sonbhadra moved a written First Information Report before the Incharge of the Police Outpost, Muirpur, District Sonbhadra on 25.11.2001 at 14:15 hours that on that day; date 25.11.2001 a dance programme was to be performed by natives of her village. Her husband was also present in 'Karma Dance' and Chhote Lal Vaiga son of Bhoolan Vaiga, resident of her village was also dancing under the influence of wine. Few days ago, her husband expressed doubt about her illicit relationship with Chhote Lal, but she had denied to this all. She had no relationship. Chhote Lal under the influence of wine brought muzzle loading gun from his house and was dancing wielding the gun. At that time, her husband was at his home and in the presence of natives of the village, Roop Chand son of Sahdev, Sher Singh son of Deewan Singh, Shiv Mangal son of Somaru and Manju wife of Shiv Mangal, Chhote Lal fired from the gun due to which bullet hit her husband and her husband died in the courtyard. Chhote Lal fled away from the scene. This incident is of 12 O' Clock in the day. She had given the information so the report may be lodged and proper action might be taken."

4. Upon written information of the informant, First Information Report was lodged in case crime no.198 of 2001, under Section 304 I.P.C., Police Outpost Muirpur, Police Station Dudhi, District Sonbhadra against the named accused person Chhote Lal Vaiga son of Bhoolan Vaiga, resident of village Rantola, Police Station Dudhi, District Sonbhadra.

5. The prosecution has produced the following documentary evidence:-

"(i) Written F.I.R. (Exhibit Ka-1), (ii) Site Plan (Exhibit Ka-2), (iii) Fard Memo of blood stained soil (Exhibit Ka-3), (iv) Inquest Report (Exhibit Ka-4), (v) Sample Seal (Exhibit Ka-5), (vi) Letter sent to Chief Medical Officer, District Sonbhadra (Exhibit Ka-6), (vii) Photo Nash (Exhibit Ka-7), (viii) Form-13 (Exhibit Ka-8), (ix) Fard recovery memo of gun (Exhibit Ka-9), (x) Site plan of recovery of weapon of offence the muzzle loading gun (Exhibit Ka-10), (xi) Charge-sheet in crime no.198 of 2001, under Section 304 I.P.C., Police Outpost Muirpur, District Sonbhadra (Exhibit Ka-11), (xii) Chik F.I.R. (Exhibit Ka-12), (xiii) Copy of General Diary No.14, dated 25.11.2001, time 14:15 hours, Police Outpost Muirpour, District Sonbhadra (Exhibit Ka-13), (xiv) Chik F.I.R. crime no.199 of 2001, under Section 25/27 Arms Act, Police Outpost Muirpur, Police Station Dudhi, District Sonbhadra (Exhibit Ka-14), (xv) Carbon copy of General Diary No.11 dated 26.11.2001, time 12:15 hours, Police Outpost Muirpur, Police Station Dudhi, District Sonbhadra (Exhibit Ka-15), (xvi) Post-mortem examination report of Shambhoo (Exhibit Ka-16), (xvii) Charge-sheet in crime no.199 of 2001, under Section 25/27 Arms Act, Police Station Dudhi, District Sonbhadra (Exhibit Ka-17), (xviii) Report of Forensic Science Laboratory, Uttar Pradesh, Mahanagar, Lucknow-226006 dated 31.12.2002 (Exhibit Ka-18), (xix) Report of Forensic Science Laboratory, Uttar Pradesh, Mahanagar, Lucknow-226006 date