JUDGMENT :

MANOJ MISRA, J.

1. This appeal is against the judgment and order dated 18.09.2008 passed by the First Additional Sessions Judge, Kannauj in S.T. No.57 of 1998 convicting the appellant (Satya Prakash) under Section 302 IPC and sentencing him to imprisonment for life with fine of Rs.5,000/and a default sentence of additional one month.

Introductory Facts

2. In a nutshell, the prosecution story as narrated in the first information report (FIR) is that, on 28.06.1998, at about 9 pm, the informant Harish Chandra (PW1) and his brother Phool Chandra (the deceased) were sitting at the door of their house when Satya Prakash (the appellant), Kanhaiya (who died during trial), both sons of Shiv Balak Tripathi, Bahadur son of Jaijram Yadav and Ramu Tripathi son of Kailash Nath Tripathi came armed with country made pistols and, on exhortation of Kanhaiya, the appellant (Satya Prakash) fired from his country made pistol at the deceased, with a view to take his life, which hit the deceased. On raising alarm, Mool Chand Raidas (PW2), Ram Kumar Tripathi (not examined), and Shiv Sharan Tripathi (not examined) and various other persons came and witnessed the incident. The accused ran away by ex