JUDGMENT :

Saumitra Dayal Singh, J.

1. Heard Sri Dileep Kumar, learned Senior Advocate assisted by Sri Rajiv Kumar and Sri Muktesh Singh, learned counsel for the appellant (through video conference) and Sri Ankit Shrivastava, learned AGA for the State.

2. The present appeal has been filed by the appellant Amar Singh, against the judgment and order dated 26.03.2014 passed by Sri Sanjeev Kumar Tyagi, Special Judge, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act/Additional Sessions Judge, Court no.5, Etah, in Gangster Session Trial No. 260 of 2007. By that judgement and order, the present appellant has been convicted for offence under Section 302, Indian Penal Code, 1860, and sentenced to undergo life imprisonment and fine Rs. 5,000/-. He is to suffer a further imprisonment of one month in the event of his failure to pay that fine. Also, he has been convicted for offence under Sections 25/27 Arms Act, 1959 and awarded punishment of imprisonment of one year. Punishments for both offences are to run concurrently.

3(i). According to the prosecution case the First Information Report (Exhibit Ka-20), hereinafter referred to as the FIR, came to be lodged in Case Crime No. 521 of 2007, on 30.07.2007, at 09:30 p.m., at Police Station -Nidhauli Kalan, District-Etah, by Chadami Lal (PW2), son of Chiraunji Lal, upon a written application submitted by him in the handwriting of his son Diwari Lal. The FIR disclosed that the present appellant Amar Singh along with Subhash reached the house of the deceased Ram Singh (brother of PW-2), at 06:30 p.m., on 30.07.2007. Inside the verandah of that house, the appellant Amar Singh then hurled verbal abuses at Ram Singh for not giving up his fair-price-shop license, despite being earlier warned. For that reason, the accused persons threatened to kill Ram Singh. Upon the exhortation offered by Subhash, Amar Singh fired a shot at Ram Singh from his country made pistol. The bullet hit Ram Singh on his chest, near his neck. Ram Singh died on the spot. Then, Amar Singh and Subhash fled towards the village, firing aerial shots from their country made pistols, holding out threat of similar fate to anyone who may speak against them. The occurrence is stated to have been witnessed by Chadami Lal/informant (PW-2) as also his sons Mahavir and Beni Ram and also by one Saudan Singh (PW-1), son of Shri Ram.

3(ii). The ‘Panchayatnama’ (Exhibit Ka-7) of the dead body is stated to have been prepared on 30.07.2007, from 22.30 hours to 24.00 hours. It bears the date and time of the FIR being lodged at 9:30 p.m., on 30.07.2007. Amongst others, it records that the body of the deceased was lying in front of the informant’s house, in the veranda, on a ‘charpai’/cot. The ‘Panchayatnama’ records Narsingh Pal (brother of the appellant Amar Singh), Dharam Singh, Satya Ram, Kamal Singh and Jai Pal as the ‘panch’ witnesses. Two recovery memos, both dated 30.07.2007, are also stated to have been drawn at that time, disclosing recovery of blood stained earth (Exhibit Ka-5) and of one bullet (Exhibit Ka-6) - described as the ammunition used in the assault. It had passed through the body of the deceased and was found lying at the place of incident.

3(iii). Thereafter, the accused persons Ram Singh and Subhash appear to have surrendered on 06.08.2007. Further, according to the prosecution version, while in custody, both Amar Singh and Subhash made similar confessions to the S.H.O. Hari Shanker Misra (PW-7), on 07.08.2007 and offered to get recovered the weapons used in the occurrence. Upon an order passed by the Magistrate on 18.08.2007, it is claimed, they pointed out and thus got recovered two country made pistols found buried at two separate spots, both to the south of the agricultural field of Subhash. The weapon disclosed to have been recovered at the pointing out of the present appellant Amar Singh contained an empty cartridge case in its barrel along with a live bullet. A common recovery memo is stated to have been