- (1.) Leave granted.
(2.) This appeal arises out of the impugned judgment and order dated 20th August, 2016 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.7117 of 2006 whereby the High Court has dismissed the appeal preferred by the appellant and confirmed the conviction under Section 302 IPC and sentence of life imprisonment.
(3.) The facts in brief need mention for disposal of this appeal are as follows:- On 30th April, 2005 one Samar Singh s/o Shri Suresh Singh, had gone to purchase some articles on bicycle from market of village Bhawanipur. When he was returning from market around 5:00 p.m. on bicycle, he was being followed at some distance by Amar Singh son of Vijay Bahadur Singh and Brij Bhan Singh son of Ram Autar. Certain cemented pipes were lying on the road at some place 1 kilometer away to the southern side of village Bhawanipur where the appellant was lying in ambush. He came out of the aforesaid pipe and hurled bomb upon Samar Singh as a result of which Samar Singh fell down from his bicycle and the appellant came close to him and fired from close range on the back of his neck due to which Samar Singh died on the spot. Because of explosion of bomb, Amar Singh, and the another co-villager who was also following the deceased sustained injuries. The motive for committing crime has been suggested to be old enmity between families of the deceased and the appellant. The appellant after committing the murder fled away towards village Badlepurwa. The incident was witnessed by Amar Singh (PW-3) and Brij Bhan Singh (PW-2). They could not catch the appellant because of fear of weapon which the appellant was possessing.;