The prosecution need not examine all witnesses and has the discretion to choose which witnesses to present.

Zaki Ullah Khan: -

The instant appeal has been preferred against the judgment and order dated 6.7.1987 passed by I-Additional Sessions Judge, Sultanpur, convicting appellant to undergo life imprisonment for causing murder of Ram Pati Pandey.

2. P.W.1 Ramesh Pandey son of the deceased submitted written report, which is Ext.Ka.2 before the Station Officer of Police Station Gosaiganj, Sultanpur alleging that at about 7.00 a.m., one Udai Raj Yadav, a ploughman of the appellant arrived at Khalihan with oxen of the appellant-Ram Murti Pandey for thrashing the barley crop. The informant and his deceased father Ram Pati Pandey, were present in the Khalihan. The deceased prevented Udai Raj from thrashing. The ploughman thereupon returned and narrated the incident to the appellant and his father. Enraged by the act for refusal to allow ploughman to thrash, the duo, appellant and his father, reached at the spot to settle the score. The appellant was armed with a D.B.B.L. Gun while his father Ram Yagya was having a Pharsa in his hand. The duo challenged the informant and his father. The appellant's father exhorted the appellant to kill both informant and his father so as to close the chapter forever. The appellant, on exhortation, fired shot with his gun to the deceased with intention to kill him. The deceased suffered multiple fire arm injuries over his head and in consequence, he fell down and became unconscious on the spot. The incident was witnessed by co-villagers, Sri Ram Shukla, Ramesh Shukla, Jagdish Singh, Hubdar Singh and others, besides the informant, who was present in the Khalihan and all of them chased the appellant and his father. Because of the intervention of witnesses, assailants took to their heels by firing shots in the air. They, however, could not be apprehended at the spot as a result of terror created by them. The information was recorded at the police station on the same day at 8.00 a.m. on the basis of written complaint, the chick F.I.R. is Ext.Ka.3 and the G.D. prepared on the basis of Chick F.I.R., is Ext.Ka.7.

3. The informant and the appellant are cousins, their houses are adjacent in Village Dihwa hamlet of Nanemau within police circle of Gosainganj of District Sultanpur. The deceased was in service of Vigilance Department and superannuated on 31.5.1981 and thereafter he started living in native village and, therefore, the entire cultivation of the informant and the appellant were separated which was initially managed by appellant and his father as the deceased was then in Government service. The informant has five brothers including one Suresh Pandey. The informant's elder brother Suresh Pandey was given in adoption to a pattidar, one Bhagautidin, who owned 5 -6 Bighas of agricultural land and consequently after his death land passed over in succession to Suresh Pandey and his name was mutated in the revenue records. The appellant's father wanted to have share in the plots mutated in favour of Suresh Pandey and was having strained relations on this score.

4. The informant with a view to provide medical aid to his father immediately rushed to arrange a vehicle and he succeeded in bringing a Jeep to Khalihan. The informant accompanied by Prithvi Nath Pandey, Ram Nath Dubey and Ramesh Shukla brought his father to police station Gosainganj in Jeep No.USY 2633 and he prepared a report of the incident in his own hand writing and handed over to the Head Constable Ram Ujagir Singh, who was on duty, Head Constable-P.W.4, Ram Ujagir Singh registered an F.I.R. on the same day under Section 307 I.P.C. at Crime No.49 and made entry in the General Diary.

5. The local police sent the injured to the District Hospital, Sultanpur for medical examination through Constable Ram Shanker Pandey. The injured Ram Pati Pandey was examined by P.W.6, Medical Officer at 9.00 a.m., the Doctor found as many as three injuries on his person, which are reproduced as under :

1. Gun shot injury on the right forehead, 2 cm. above the eye br