JUDGMENT :

1. We have heard Sri Pankaj Kumar Tyagi for the appellant Rameshwar; and Sri Amit Sinha, learned AGA, for the State.

2. This appeal is against the judgment and order dated 01.08.1996 passed by the First Additional Sessions Judge, Muzaffarnagar in S.T. No.266 of 1994, arising out of case crime no.33 of 1993, P.S. Ratanpuri, district Muzaffarnagar, whereby the appellant Rameshwar has been convicted and sentenced as follows: imprisonment for life under Section 302/34 IPC; and 10 years R.I. under Section 449/34 IPC. It be noticed that two persons were put to trial, namely, Rameshwar (the appellant) and Vinod. By the judgement and order impugned while convicting and sentencing the appellant as above, the co-accused Vinod has been acquitted by extending the benefit of doubt to him.

INTRODUCTORY FACTS

3. The prosecution case in a nutshell as per the written report (Ex. Ka-1) is that on 12.4.1993 at about 8 pm in the night when the deceased Salek Chand was in his house, watching TV in his room, two gunshots were heard by neighbours, namely, Jitendra (PW-2), Deshraj (not examined) and Dharmo (not examined). When they arrived at the spot, they noticed Rameshwar (the appellant) and ano