JUDGMENT :

Ramesh Sinha, Mrs. Saroj Yadav, JJ.

(The judgment is pronounced in terms of Chapter VII Sub-rule (2) of Rule (1) of the Allahabad High Court Rules, 1952 by Hon'ble Ramesh Sinha, J.) (Per Mrs. Saroj Yadav, J. for the Bench)

1. This Criminal Appeal has been filed by the convict/appellant Anil Yadav, against the judgment and order dated 23.12.2007 passed by Additional Sessions Judge/FTC IV, (Room No.13), Sultanpur in Sessions Trial No.284 of 2005, whereby the convict/appellant was held guilty for the offence punishable under Section 302/34 of Indian Penal Code, 1860 (in short I.P.C.) and sentenced to rigorous imprisonment for life coupled with a fine of Rs.5,000/-and in default of payment of fine to further imprisonment of six months. The convict/appellant was also held guilty and sentenced under Section 25 of the Arms Act in Sessions Trial No. 285 of 2005 whereby he was sentenced to rigorous imprisonment of two years coupled with fine of Rs.1,000/-and in default of payment of fine to further imprisonment of three months.

2. The facts necessary for disposal of this appeal shorn of unnecessary details are as under:

(i) A First Information Report (in short FIR) was registered at Case Crime No. 308 of 2005, under Section 302 of I.P.C. at Police Station Jaisingh pur, District Sultanpur, on the basis of written report presented by the complainant Vinod Yadav. It was described in the written report that on 13.06.2005 his father Asha Ram was coming back after leaving Ram Jagpal at his house and he (complainant) was coming to his home after visiting his sugarcane field. Anil and Sanjay, resident of the same village were sitting on culvert with sticks in their hands. At about 7-7:15 PM when his father reached near the culvert Anil assaulted his father on his hand, due to which his father fell down, then Anil and Sanjay both fired upon his father with country made pistols (tamanchas). He raised a loud cry then many persons of village came there then Anil and Sanjay ran away from the spot. His father sustained fire arm injury in his chest. He was carried to hospital where doctors declared him brought dead. The dead body was kept in the hospital.

(ii) On the FIR lodged, the police of concerned police station came into action and investigation started. Inquest report of the dead body was prepared, and the dead body was sent for postmortem along with necessary police papers. During investigation both the accused persons surrendered in the Court on 24.06.2005. The Investigating Officer recorded the statements of the accused persons in jail after taking permission of the Court, wherein the accused persons stated that they might get the weapons recovered, used for committing the crime. The Investigating Officer applied for the police custody remand which was allowed. The accused persons were remanded in police custody on 30.06.2005 for 24 hours. During police custody remand the weapons of offence were recovered at the pointing out of the accused persons alongwith live and empty cartridges. The case was registered against the accused persons under Section 25 of the Arms Act, at Case Crime No.339 of 2005 against accused Anil Yadav and at Case Crime No.340 of 2005 against Sanjay Yadav, under Section 25 of the Arms Act.

(iii) After investigation chargesheet No.47 of 2005 in Case Crime No.308 of 2005 of I.P.C. (Exhibit Ka-27) was submitted in the Court. The Chargesheet No.48 of 2005 in Case Crime No.339 of 2005 under Section 25 of the Arms Act against accused Anil Yadav (Exhibit Ka-31) was also submitted before the Magistrate concerned. After taking cognizance on the chargesheets submitted the Magistrate concerned committed the case to the Court of Sessions for trial. The Sessions Court framed charge under Section 302 read with Section 34 of I.P.C. The accused persons denied the crime and claimed to be tried. The charge under Section 25 of the Arms Act was also framed against both the accused persons. Both the accused denied the charge fr