S.S.TIWARI, J. - (1.) HEARD learned Counsel for the appellant and Sri. K.N. Bajpai learned Advocate for the State and perused the records.
(2.) THIS appeal has been preferred by the appellant Ram Kumar @ Bhulli, S/o Jagannath, R/o Laukahan Khera (Bhagna Khera) a6aiust the judgment and order dated 22.1.2001 passed by learned Addi­tional Sessions/Judge, Fatehpur in S.T. No. 221 of 1999 under section 302 IPC, P.S.-Kalyanpur, District-Fatehpur by which ap­pellant has been convicted and sentenced to undergo life imprisonment. The prosecution story in brief un­folded by the prosecution is that on 29.5.1999 at about 12:30 p.m. Ram Sumer Kewat came to the house of Ram Kumar and opened fire to kill Ram Bhawan, and his brother who were sitting at the resi­dence of Ram Kumar @ Bhulli but the fire discharged by Ram Sumer Kewat hit the wife of Ram Kumar @ Bhulli on her head and she was seriously injured. Ram Bha­wan and his brother chased Ram Sumer Kewat. In the meantime Ram Kumar @ Bhulli having a country made pistol hur­riedly went towards the house of Ram Sumer Kewat to kilt his wife and children and while on way he met with Nanki the wife of Ram Sumer Kewat, he shot her dead and thereafter he went to the house of Ram Sumer Kewat and shot dead his younger son Rajesh who was sleeping in­side the house. This incident was seen by the children of Ram Sumer Kewat and other persons of the village.
(3.) DHARMRAJ resident of the same village got prepared a written report of this incident by one Satyendra Singh Chauhan and submitted it at the police station Kaly-anpur, on the basis of which a criminal case at Crime No. 98 of 1999 was registered against Ram Kumar @ Bhulli Kewat under section-302 IPC. Police reached the spot subsequently prepared inquest report and - other connected papers relating to the dead bodies of Nanki and Rajesh were got pre­pared and the sealed dead bodies were sent for post mortem to the district hospital, Fatehpur. During investigation the Investi­gating Officer recovered a country made pistol and a cartridge from the personal search of accused and after completing the investigation the Investigating Officer submitted charge-sheet against accused Ram Kumar @ Bhulli under section-302 IPC and under section-25 Arms Act.;