Hon’ble Bharat Bhushan, J.—Appellant Daya Ram Shikarvar was charged, tried and convicted under Sections 302, 504 Indian Penal Code (in short, IPC) in Sessions Trial No. 164 of 2002 arising out of Case case No. 178 of 2002 whereby he was sentenced to life imprisonment under Sections 302 IPC with a fine of Rs. 2,000/- with default stipulation and six months imprisonment under Section 504 IPC by impugned judgment and order dated 16.4.2004 passed by the then Additional Sessions Judge (F.T.C. Court No. 1), Farrukhabad.

2. Prosecution case, in brief, is that on 12.3.2002 at about 8:15pm. informant and his partially blind brother Kunwar Singh were having conversation at the western door of his house. PW-1 Baiju Singh, PW-2 Prema Devi, PW-4 Rukmani Devi were also standing with them. Suddenly, appellant Daya Ram Shikarvar crossed his lane. Finding partially blind Kunwar Singh in his sight expressed his displeasure by saying that the presence of this partially blind boy Kunwar Singh did not augur well for him, disrupting his normal routine. Deceased Kunwar Singh objected to this abuse by appellant whereupon appellant Daya Ram Shikarvar whipped out a pistol and shot Kunwar Singh. Informant Ram Chandra Singh Bhadauria (PW-1) and his companions raised alarm whereupon appellant Daya Ram Shikarvar rant away.

3. The First Information Report (in short, FIR) claims that there was sufficient light at the time of this incident facilitating identification of the assailant. The FIR claims that informant Ram Chandra Singh Bhadauria (PW-1) and his family members took the injured Kunwar Singh to the hospital of Dr. Hari Dutt where the injured was declared dead. The corpse of deceased was taken to his house and thereafter, FIR was lodged at 9:30pm at Kotwali, Farrukhabad which was located almost within 2 kms. from the place of occurrence. The chik report (Ex.Ka-3) was carved out. A report was entered into General Diary (in short, G.D.) of the Police Station, an extract of which is available on record as Ex. Ka.-4.

4. PW-8 Radha Krishna Sharma, Investigating Officer (in short I.O.) the then Station House Officer (in short, S.H.O.) Police Station Kotwali commenced investigation and Inquest Report (Ex.Ka.-5) as well as other relevant documents were prepared; cadaver of deceased was sent with Constables Lakhan Singh and Ram Prakash; statements of witnesses were recorded; samples of blood stained earth and simple earth were taken; site-plan (Ex.Ka.-11) was prepared on 16.3.2002; postmortem report was received. I.O. on completion of investigation, submitted charge-sheet (Ex.Ka.-12) under Sections 302, 504 IPC against the appellant. The case was committed to the Court of Sessions as it was exclusively triable by the Sessions Court.

5. Learned trial Judge framed charges under Sections 302, 504 IPC against appellant Daya Ram Shikarvar on 17.9.2002. Accused-appellant denied all the allegations and claimed trial.

6. Prosecution adduced evidence of PW-1 Baiju Singh (stated eye-witness), PW-2 Smt. Prema Devi (stated eye-witness), PW-3 Ram Chandra Singh Bhadauria (informant/stated eye-witness), PW-4 Smt. Rukmani Devi (stated eye-witness/mother of deceased), PW-5 Dr. Umesh Chandra Saxena (conducted postmortem), PW-6 Constable Ravindra Kumar (recorded the FIR), PW-7 Om Prakash Singh (witness of inquest and documentation) and PW-8 Sub Inspector Radha Krishna Sharma (I.O.). The statement of accused-appellant was recorded under Section 313 Cr.P.C. wherein he denied all the allegations and claimed false implication due to previous enmity. On conclusion of trial, learned Additional Sessions Judge held appellant guilty under Sections 302, 504 IPC and sentenced him aforesaid by impugned judgment and order dated 16.4.2004. This judgment is under challenge before this Court.

7. Heard Sri Rajiv Lochan Shukla, learned counsel for the appellant and Sri Rajiv Sharma, learned Additional Government Advocate (in short, AGA) and perused the record.

8. Learned counsel for the a