ORDER :

1. Heard Ms. Seema Pandey, learned Amicus Curiae for the appellant, Sri Bhanu Prakash Singh and Sri Rajeev Kumar Rai, learned Brief Holders for the State and perused the material available on record.

2. By way of instant criminal appeal, challenge has been made to the correctness and sustainability of the judgment and order of conviction dated 31.10.1985 passed by the Sessions Judge, Jhansi in Sessions Trial No. 37 of 1985 (State vs. Mahendra alias Motey and another), arising out of Case Crime No. 326 of 1984, Police Station - Kotwali, District -Jhansi, whereby the accused-appellant- Mahendra alias Motey has been convicted under Section-302 I.P.C. and sentenced to undergo imprisonment for life.

3. The relevant factual matrix of this case as discernible from record appears to be that the informant- Ghamandi Lal orally lodged report at Police Station-Kotwali, District-Jhansi on 22.12.1984 at about 12:45 p.m. regarding the occurrence of the same day, which took place around 11:00-11:30 a.m. with the following assertions that informant is Ghamandi Lal son of Ramdas Kori, resident of Mohalla - Sagar Gate, Police Station-Kotwali, District - Jhansi. On 22.12.1984, one Bal Krishna son of Hardas, resident of Mohalla - Sagar Gate, District-Jhansi came to the house of the informant and informed him that his son Narsi has been done to death by an axe by Mahendra alias Motey s/o Rameshwar Badhai and Ghanshyam alias Ramu son of Dayaram Badhai around 11:00 a.m. in the street of 'Potey Baba' near the house of Hari Ram Chamar. The incident has been witnessed by Narendra son of Panna Lal, Pramod son of Ayodhya, Rajju son of Sarman Dheemar, all residents of Mohalla - Sagar Gate, District - Jhansi. Hearing this, the informant rushed to the spot and found his son dead and an axe was also found lying over there. The informant also saw injury on the head and neck of his son, Narsi.

4. It was also informed that informant's son, Ramu and Motey are pick-pockets and there was some dispute over share of the money obtained by pick-pocketing, due to which some quarrel took place between the informant's son and Mahendra alias Motey (the present appellant), the report in that regard was lodged about one year ago. Thereafter, three-four months before the occurrence, an altercation took place between Ramu and Narsi with regard to outraging the modesty of the sister of Ramu. The father of Ramu also complained about it to the informant. On account of the aforesaid enmity, the informant's son was done to death.

5. On the oral statement, the report was taken down in the Check F.I.R. by Constable - Moharrir, Ranjit Singh Sengar, who after writing the report, read over the same to the informant and obtained his signature on it. This oral report as contained in the Check F.I.R. is Ext. Ka.1 appears at Case Crime No. 326 of 1984, under Section-302 I.P.C., Police Station-Kotwali, District-Jhansi and, accordingly a case was registered in the general diary at Rapat No. 16, at aforesaid case crime number under aforesaid sections of I.P.C. The General Diary entry is Ext. Ka.8.

6. The investigation ensued and was entrusted to P.W. 4 Yashpal Singh Punia, who started the investigation on 22.12.1984. The investigating officer has testified to the fact of oral report being lodged by the informant- Ghamandi Lal, while the investigating officer was present at the police station around 12:45 p.m. on 22.12.1984. As per his version, the Check F.I.R. was entered at the instance and on the dictation of the informant, Ghamandi Lal (P.W. 1) given to the Constable-Moharrir- Ranjit Singh Sengar. After the report was so taken down in the Check F.I.R., it was read over to the informant who after hearing the same, appended his signature on it. The Check F.I.R. was proved as Ext. Ka.1. The investigating officer has also proved the concerned general diary entry as Ext. Ka.8. He proceeded to the spot in the street of 'Potey Baba', where he found the dead body and prepared the inquest report (