1. Heard Sri Apul Misra and Sri Gaurav Singh, learned counsel for the appellants and Sri A.N. Mulla, learned AGA for the State.

2. This appeal has been preferred by the appellants Jamadar Singh and Phool Singh against the judgment and order dated 21.03.1986 passed by Special/Addl. Sessions Judge, Pilibhit in S.T. No. 291 of 1984, State vs. Jamadar Singh and Another, by which both the appellants have been convicted and sentenced to undergo imprisonment for life u/s 302/34 I.P.C.

3. Record shows that the appellant no. 2, Phool Singh in this appeal has died and this appeal has been abated qua appellant no. 2, Phool Singh by this Court by order dated 13.12.2016.

4. Briefly stated, the facts of this case are that sons of deceased Anokhey Lal had purchased 11 bighas of agricultural land situated in village - Navadia Baljit from Hajari Singh and others and an application for mutation was filed. Accused-appellants, who belong to family of Hajari Singh, filed objection against mutation application, 14.08.1984 was the date fixed in the mutation case pending before the Tehsildar, Bisalpur, deceased Anokhey Lal and his son, informant Sri Krishna had gone to attend the court that day. The Presiding Officer was not present in Court and next date was fixed in the early hours of the court hours. The informant and his father Anokhey Lal returned to their house and thereafter, went to the said agricultural field for ploughing it. At that time, Meghnath and Onkar were also working in their nearby fields. At about 5:30 P.M. while deceased Anokhey Lal was ploughing his field, accused-appellant no. 1, Jamadar Singh armed with his licensed gun and accused-appellant no. 2 Phool Singh armed with a country-made pistol came out of their sugarcane field and ran towards Anokhey Lal. Both the accused-appellants fired shots at the deceased from their respective arms and Anokhey Lal upon being hit by the shot, fell on that spot and died. Accused-appellants also shot at P.W.1 informant Sri Krishna, but he saved himself by running inside the sugarcane field. P.W.2 Meghnath and Onkar appeared at the place of occurrence and challenged the accused-appellants, who later on fled away from the place of occurrence. P.W.1 informant Sri Krishna got a written report scribed by Lala Ram and filed the same at the police station at 1935 hours and on the basis whereof a case was registered u/s 302 I.P.C. against the accused-appellants.

5. The investigation of the case was taken up by the Investigating Officer P.W.5 Jwala Prasad Sharma, who after recording the statement of the informant and completing other formalities of the investigation, proceeded to the village where the occurrence had taken place. The inquest on the dead body of the deceased Anokhey Lal could not be held that day due to insufficient light. The inquest was completed next morning on 15.08.1984 and the dead body was sealed and dispatched for postmortem.

6. The Investigating Officer, after completing the investigation, submitted charge-sheet against the two accused-appellants Jamadar Singh and Phool Singh u/s 304 I.P.C. before Chief Judicial Magistrate, Pilibhit. Since the offence mentioned in the charge-sheet was triable exclusively by the Court of Sessions, Chief Judicial Magistrate, Pilibhit committed the case for trial of the accused-appellants to the Court of Sessions Judge, Pilibhit where it was registered as S.T. No. 291 of 1984, State vs. Jamadar Singh and Another and made over for trial to the Court of Special/Addl. Sessions Judge, Pilibhit, who on the basis of material collected during investigation and after hearing the prosecution as well as accused-appellants on the point of charge, framed charge u/s 302/34 I.P.C. against the accused-appellants. The accused-appellants abjured the charge and claimed trial.

7. The prosecution in order to prove its case and the charge framed against the accused-appellants examined as many as five witnesses of whom P.W.1 informant Sri Krishna and P.W.2 Me