PRITINKER DIWAKER, J.

1. This appeal arises out of impugned judgment and order dated 16.11.2005 passed by the Additional Sessions Judge/Fast Track Court No. 1, Chitrakoot in Sessions Trial No. 50 of 2002, convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 5,000/- in default thereof, to further undergo six months' additional imprisonment.

2. Brief facts of the case are that there exists an old enmity between the deceased family and that of the accused, number of criminal cases were registered against each other on different reports lodged by them. On 29.11.2001, deceased (Chandrika) and his brother (PW-1) Nankoo had gone to the house of Ram Milan Chamar for sharpening an agricultural weapon, commonly known as gandasa and as Ram Milan Chamar was not present, they decided to wait there. While they were waiting for Ram Milan Chamar, at 10:30 am, accused appellant reached there carrying 12 bore gun and after seeing the deceased (Chandrika), he fired two gunshot injuries to him, resulting his instantaneous death. FIR Ex. Ka.16 was lodged on the same day, i.e. 29.11.2001 at 12:55 in the afternoon by (PW-1) Nankoo (brother of the deceased) against the appellant under Section 302 of IPC. The distance between the place of occurrence and the police station is 9 kms.

3. Inquest on the dead body of the deceased was conducted vide Ex. Ka.4 on 29.11.2001 and the body was sent for postmortem, which was conducted on the same day by (PW-3) Dr. A.K. Mohan vide Ex. Ka.2.

4. As per postmortem report, following injuries were found on the body of the deceased:

"1. Firearm entry wound present on middle of forehead size is 4 cm x 4 cm, about oval in shape, frontal, parietal bones are fracture, bone loss of frontal bone is present margins are burned, directed posteriorly.

2. Firearm exit wound present on occipital size of Head in mid line, size of wound is 07 cm x 03 cm, margins diverted, occipital & temporal bone on fractured brown melter is coming out from wound, margins inverted.

3. Firearm entry wound present on Lt. side of chest just lateral to left border of sternum 05 cm below the medial end of clavicle, about oval in shape, margins are blackish (burned) size is 03 cm x 02 cm directed posteriorly & toward Rt. side, margin inverted.

4. Firearm exit wound present on Rt. side of back just medial to medial border of Rt. scapula 03 cm above the inferior angle of scapula size 04 cm x 03 cm, margin inverted.

5. Laceration present on Rt. forearm on Radial border of forearm 07 cm above the radial styloid process size 03 x 02 cm skindeep."

5. According to autopsy surgeon, the cause of death of the deceased is Neurological shock & Haemorrhage as a result of abovementioned antemortem firearm injury.

6. One 12 bore gun was seized from Pankaj Rao, Proprietor of Vishnu Gun House, Jabalpur and on the memorandum of accused appellant, two empty cartridges were seized, which were hidden by him in his house near a tree and as per Forensic Science Laboratory Report (un-exhibited), cartridges were fired from the DBBL gun, seized from the Proprietor of Vishnu Gun House, Jabalpur.

7. While framing charge, trial Judge has framed the charge against the appellant under Section 302 of IPC.

8. So as to hold accused appellant guilty, prosecution has examined six witnesses. Statement of the accused appellant was also recorded under Section 313 of Cr.P.C. in which he pleaded his innocence and false implication.

9. By the impugned judgment, the trial Judge has convicted the appellant under Section 302 of IPC and sentenced him as mentioned in paragraph no. 1 of this judgment. Hence, this appeal.

10. Learned counsel for the appellant submits:

(i) that FIR is ante-timed and ante-dated.

(ii) that (PW-1) Nankoo was never present along with deceased and a very improbable story has been put forth that he had gone along with deceased for sharpening an agricultural weapon, commonly known as gandasa, as from the place of occur