JUDGMENT :

Ajai Tyagi, J.

1. This appeal has been preferred against the judgement and order dated 27.11.2014 Sessions Judge, Hamirpur in Session Trial No.9 of 2009 (State Vs. Surendra Kumar) arising out of Case Crime No.02 of 2008 under Section 302, 323 IPC, Police Station- Chikasi, District-Hamirpur, whereby the accused-appellant was convicted under Section 302 IPC and sentenced to imprisonment for life with fine of Rs.20,000/- and in case of default of payment of fine, to undergo further imprisonment for two year and under Section 323 and sentenced to one year with fine of Rs.1,000/- and in case of default of payment of fine, to undergo further imprisonment of three months.

2. The brief facts as cull out from the record are that a first information report was lodged by informant Sanjay Kumar at Police Station- Chikasi, District- Hameerpur on 02.01.2008. At about 7:15 pm, the informant was going to his quarter after having the tea at the gate of police station. At that time constable Surendra Kumar of the same police station- Chikasi came with the rifle in his hand and started abusing him. When he was stopped from abusing then he beat the informant with the butt of the refile. He ran inside the police station and fell down. His mother Maya Dubey came there and asked who has beaten him. At that very moment constable Surendra Kumar cake there and fired at the mother of the informant with his government rifle, which hit in the leg of his mother.

3. I.O. tookup the investigation, visited the spot, prepared site plan and mother of the informant was taken to the Government Hospital, Rath and got admitted there. Her dying declaration was recorded by Naib-Tehshildar on the same day. I.O. recorded the statements of witnesses u/s 161 and 164 Cr.P.C. Recovery memo of refile and live as well as empty cartridges were prepared. During the course of treatment the injured mother of the informant passed and the case was converted into Section 302 of IPC. Post mortem of the deceased was conducted and post mortem report was prepared by the doctor after inquest proceedings. After completion of investigation, charge sheet was submitted by I.O. against the appellant Surendra Kumar u/s 307/302, 323 and 409 IPC and under Section 29 Police Act.

4. The case being exclusively triable by court of sessions was committed to the sessions court.

5. The learned trial court framed charges against the appellant u/s 302 and 323 of IPC. The accused denied the charge and claimed to be tried. The prosecution so as to bring home the charge, examined five witnesses, who are as under:-

6. In support of the ocular version of the witnesses, following documents were produced and contents were proved by leading evidence :

7. After completion of prosecution evidence, the accused was examined under Section 313 Cr.P.C. The accused examined one witness in his defence.

8. Learned trial court after hearing both the sides convicted