Per Hon'ble Prafulla C. Pant, J.

This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr.P.C., is directed against the judgment and order dated 14.08.1985, passed in Sessions Trial No. 119 of 1983, whereby the then learned 1st Additional Sessions Judge, Nainital, convicted appellant Balkar Singh under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.), for commission of murder of Ajeet Singh, resident of village Rampur-Balbhadra and Bhajan Singh, R/o village Basai, and sentenced him to imprisonment for life. He is further convicted under Section 307 of I.P.C., for attempting to commit murder of Roop' Singh, Rio Rampur-Balbhadra, and sentenced to imprisonment for ten years on that count.

2. We heard learned counsel for the appellant and learned Additional Government Advocate/Puhlic Prosecutor and perused the entire record.

3. Prosecution story, in brief, is that on 01.01.1983, at about 5:00 P.M., Ajeet Singh (one of the deceased). along with P.W 2 Roop Singh (injured) and PW 1 Harhhajan Singh (informant), all Rio village Rampur-Balbl1adra, and Bhajan Singh (another deceased). R/o village Basai, were going in a tractor to take flour from wheat flour mill (CHAKKI) of one Ram Prasad in village Paigakhas, situated within the limits of P.S. Kashipur (earlier part of District Nainital). At about 5:15 PM., when they reached and got down in village Paigakhas, accused/appellant Balkar Singh met them and asked Ajeet Singh to have some wine with him, as it was a chilly day. On trs Ajeet Singh curtly replied that he would not have wine, bought with the money of the accused/appellant. There was old enmity between Balkar Singh (accused/appellant) and Ajeet Singh. as earlier on a report lodged against accused/appellant Balkar Singh by the family members of Ajeet Singh. he had been convicted but later on, acquitted by the appellate court. When Balkar Singh reiterated his request to have drinks with him and not to develop further the enmity between them. Ajeet Singh again firmly told that he would hot have liquor with Balkar Singh and he may do whatever he likes. This made Balkar Singh feel insulted and he threatened Ajeet Singh (one of the deceased) that he will have to face the consequence of this refusal. He (Balkar Singh) went to his house to bring his gun and in the meantime Ajeet Singh after taking nour from the wheat flour mill, proceeded for his further journey. When Ajeet Singh and others, in their tractor, reached near temple of goddess in village paigakhas. accused Balkar Singh armed with a gun, fired a shot at Ajeet Singh. It was still around 5:30 P.M. Aject Singh (deceased) on seeing Balkar Singh. firing at him, drove tractor a bit faster. Balkar Singh, kept on firing shots. one after another and injured Ajeet Singh, Bhajan Singh and Roop Singh. Bhajan Singh (another deceased) along with Roop Singh (PW 2) and Harhhajan Singh (P WI). in an attempt to save their lives, jumped from the tractor and took shelter behind rubbish heap (GHURAS) by the side of pathway in the village. Ajeet Singh died on the spot in the tractor (he was the person driving the tractor). Meanwhile, villagers started assembling towards the scene of occurrence and accused/appellant Balkar Singh, by then left the place. Injured Roop Singh and Bhajan Singh, were taken to civil hospital in the same evening but Bhajan Singh succumbed to the injuries in the hospital. PW 1 Harhhajan Singh lodged oral First Information Report with police station Kashipur, at 7:20 P.M. on the very day i.e. 01.01.1983, which was registered as crime No.2 of 1983 under Section 302/307 IPC. against accused Balkar Singh. On the basis of the oral report, check report (Ext. A-I) was prepared and necessary entry in the general diary was made, extract of which is Ext. An. PW 8 Devendra Kumar Thapliyal, Inspector Incharge of the police station- Kashipur, took up the investigation of the case. Meanwhile. t