Hon’ble P.K.S. Baghel, J.—The appellants Raghunath Singh @ Jagdish Singh and Shanker Singh, who stand convicted for offence punishable under Section 302/34 I.P.C. and each of them were sentenced to undergo imprisonment for life by order dated 29.4.1983 passed by the learned Additional Sessions Judge, Shahjahanpur, challenged the correctness of conviction and sentence.

2. Brief facts as per prosecution version are that on 16.11.1982 at 00.00.05 hours (12.05 a.m.) in the night, P.W.1 Prakash Singh, who is the first informant, made an oral complaint at Police Station Khudaganj, District Shahjahanpur regarding murder of his younger brother Dhan Pal Singh. He named two persons of the village, namely, Raghu Nath Singh @ Jagdish Singh and Shanker Singh as assailants for commission of the said offence.

3. In complaint, it was stated that Raghunath Singh, Mahendra Singh Thakur and Shanker Singh, who were intimate friends and resident of his village, gambled on 14.11.1982, i.e., one day before the date of incident in which they lost huge money. In the evening of fateful day, when accused Raghunath Singh and Shanker Singh were passing by the side of patios (chaupal) of the first informant, his younger brother Dhan Pal Singh passed a comment on them saying that it was rumoured that they have celebrated their Diwali in a big way. Upon this, the accused appellants reacted angrily and hurled abuses to Dhanpal and while going away they retorted that it was none of his business to mock them. They threatened that they will teach him a lesson very shortly. It is stated that thereafter the first informant and Dhan Pal went to their fields to oversee their paddy crops towards western side of the villge. They were carrying torch and lathi. When they were returning therefrom they met Ram Singh and Narendra singh on the way, who also accompanied them. Dhan Pal was moving some paces ahead from them. At about 10 p.m. in the night when they reached near the pakad tree in the abadi, they saw that Raghunath Singh @ Jagdish Singh armed with single barrel licensed gun and Shanker Singh armed with double barrel licensed gun came to Dhan Pal saying that they will teach him a lesson for cutting joke. On this as soon as, Dhan Pal turned to run away, these accused opened fire from their respective guns as a result of which Dhan Pal fell down before 5-6 paces in south of pakad tree. Seeing this incident, the complainant and other two accompanied persons raised alarm, the accused persons with their guns fled away to the north direction. It is stated that on account of fear, they had not followed the accused persons, they found Dhan Pal Singh critically injured, who after sometime succumbed to his injuries. Thereafter, the complainant accompanied with Jai Ram Singh of the same village went to the police station to lodge F.I.R.

4. On the basis of the oral complaint, an F.I.R. was drawn up and chik report (Ext. Ka-11) was prepared, which was signed by P.W.4 S.O. Jagdish Singh Chauhan.

5. Investigation of the case was entrusted to P.W.4. who reached on the scene of occurrence in the morning at 6.30 a.m. on 16.11.1982. He found the dead body of deceased Dhan Pal on the spot. He appointed five persons as witness of the inquest and prepared inquest report (Ext. Ka-2). He prepared diagram of dead body, police form 13 and report for holding post-mortem examination which were marked as Exts. Ka-3, Ka-4 & Ka-5. He also prepared another report (Ext. Ka-6) with a request to the Medical Officer to take into possession the clothes of the deceased and sent them to the police station. The Investigation Officer got the dead body sealed and prepared sample seal (Ext. Ka-7). He made report (Ext. Ka-8) to the Reserve Inspector alongwith police form 33 (Ext. Ka-9) to send dead body to mortuary. Thereafter, he sent dead body of the deceased through constables Sartaj Ahmad (P.W.5) and Mahavir Singh to the mortuary at Shahjahanpur.

6. On the very same day, the Investigating Office