The credibility of eye-witnesses and the corroboration of evidence with the site plan and post-mortem report are crucial in establishing guilt.

Manish Mathur, J.

This appeal has been filed against the common judgment and order dated 15th April, 2008 passed by Sessions Judge, Lakhimpur Kheri in Sessions Trial No. 199 of 2007 in Case Crime No. 1937 of 2005 under Section 302 Indian Penal Code (hereinafter referred to as 'IPC') and in Sessions Trial No. 200 of 2007 in Case Crime No. 1950 of 2005 under Sections 3/25 Arms Act in Police Station Kotwali Sadar, Kheri (State v. Javed Khan).

2. By means of the aforesaid judgment and order dated 15th April, 2008, the appellant was found guilty under Section 302 IPC and was convicted under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/-. In default of which, he was to undergo further imprisonment of one year's rigorous imprisonment. The appellant was also found guilty and convicted under Sections 3/25 Arms Act and was sentenced to undergo rigorous imprisonment for one year. Both sentences were to run concurrently.

3. Heard Sri Karuna Kant Gupta learned counsel for appellant and Sri. Hari Shanker Bajpai, learned A.G.A.-I for the State and perused the record.

4. The case of the prosecution is that on 27.9.2005, the complainant (P.W.-1) along with his mother Smt. Raj Dei (P.W.-2) and his sister Kiran Singh (deceased) were returning from market in the evening after making purchases with the complainant following his mother and sister at some distance. At about 6.00 p.m. when they reached in front of the house of the appellant, he suddenly fired upon his sister, Kiran Singh with a country made pistol with intention to kill, which struck her in the neck where after she fell down. The complainant's mother started shouting while the complainant also ran towards the appellant shouting but the appellant made good his escape after threatening the complainant with the country made pistol. The occurrence was seen by the complainant, his mother Smt. Raj Dei and his aunt (Bua) Smt. Champa Devi along with many other people. The complainant's sister Kiran Singh was thereafter admitted by the complainant, his mother and other people in the district hospital Lakhimpur for treatment,' whereafter the complainant came to the police station for registering of first information report (hereafter referred to as 'F.I.R.'). It is also the case of prosecution that the entire motive of the appellant for the incident happened due to an old incident of teasing the deceased by the appellant about which she had complained to her parents where after the complainant and his father had warned him not to tease the deceased any more and therefore the appellant who was bearing enmity with the deceased had committed the offence.

5. It has also been submitted that after the complainant reached the police station, he lodged a written report (Exhibit Ka-1) upon which the then Constable Brij Lal Saroj of Police Station Kotwali, Lakhimpur Kheri (P.W.-7) prepared the Chick F.I.R. (Exhibit Ka-9) on the same day at 7.10 p.m. and an entry to this effect was made in G.D. rapat No. 57 at 19/10 on 27.9.2005 and a case was registered against the appellant under Sections 307/506 IPC. Subsequent to the registering of F.I.R., the then S.S.I. of Police Station Kotwali, Lakhimpur, Sri Siya Ram Tiwari went to the hospital and recorded the statement of the complainant and his mother but received information that during recording of statement, the injured Kiran Singh had died where after he went to the place of occurrence along with the complainant and his mother and prepared a site plan (Exhibit Ka-13). At the site of incident Sri. Tiwari collected the blood stained earth as well as plain earth and sealed it into two separate containers and prepared the memo(Exhibit Ka-14). On the same night he examined the third eye-witness Smt. Champa Devi, the aunt of the complainant and visited the mortuary on the next day and prepared an inquest (Exhibit Ka-15). After sealing the dead body and preparation of other relevant documents such as photolash