Umesh Kumar ORDER
Umesh Kumar, J.
1. The present appeal has been preferred against the judgment and order dated 29.07.2005 passed by Addl. Sessions Judge (FTC-4), Etah in S.T. No. 21 of 2000 (State Vs. Girand Singh & another) convicting and sentencing the appellant-Girand under Sections 302 of IPC and to undergo life imprisonment, and under Sections 307 of IPC to undergo 5 years Rigorous imprisonment with a fine of Rs. 2000/- and in default of payment of fine, to further undergo 3 months additional imprisonment. All the sentences are ordered to run concurrently.
2. By the impugned judgment, accused-Khoob Singh has been acquitted of the charges extending benefit of doubt and we are informed that no appeal against his acquittal has been filed in this Court.
3. Prosecution case, in brief, is that P.W. 1 Ram Chandra Verma has given a written report (Ex. Ka-1) alleging therein that in the morning of 05.10.1999 at about 6.30 a.m., a scuffle took place between the children of his family and the children of the family of accused-Girand Singh, but that was settled by them. However, accused-Girand at about 7.00 a.m. came near his hut, abused and threatened to teach lesson.; accused-Khoob Singh exhorted and said 'what are you seeing' kill him; accused-Girand Singh fired upon his son Umesh Pratap Singh from a country made pistol which hit him in stomach, he fell down; the occurrence was seen by Ram Autar son of Siya Ram, Ganga Sahai (P.W. 2) son of Kamal Singh and his son Udai Pratap, who were present at the place of incident; witnesses have seen accused-Girand Singh causing fire arm injuries and running away from the scene and he got his son Umesh Pratap Singh admitted in the district hospital, where, during treatment, he expired. In the morning, report of the death of Umesh Pratap Singh was intimated to the police station from the hospital by one Anar Singh (Ward boy) and entry of the said information has been entered in G.D. report No. 14 at 9.45 a.m. on 05.10.1999. The aforesaid first information report was lodged at police station on the same day at 4.35 p.m. at G.D. report No. 21 dated 5.10.1999. Check FIR and G.D. entry are (Ex. Ka-5 and Ex. Ka-6). The dead body of deceased-Umesh Pratap Singh was taken into custody by the Investigating Officer, who prepared inquest report (Ex. Ka-10) and other relevant papers (Ex. Ka-11, Ex. Ka-12 and Ex. Ka-13), i.e. photo laash, dead body challan and letter to C.M.O. for autopsy. After preparing the inquest report dead body was sent for post mortem in police custody.
4. P.W. 3 Dr. Narendra Babu conducted post mortem examination of deceased-Umesh Pratap Singh on 5.10.1999 at 2.30 p.m. and found following injuries;
5. Though, first information report is silent about the injury sustained to Ganga Sahai, but during investigation, it has been found that Ganga Sahai also received injuries in the said occurrence and his injury report has been prepared by Dr. Surendra Patwar (P.W. 4). He examined the injured on 9.10.1999. The x-ray report and injury report are (Ex. Ka-3 and Ex. Ka-4).
6. The Investigating Officer recorded statements of witnesses, prepared site plan (Ex. Ka-7), collected blood stained and plain earth (Ex. Ka-2) and after completion of........