IMTIYAZ MURTAZA, J. - (1.) THIS appeal has been filed against the judgment and order dated 24.11,2001 passed by the Additional District and Sessions Judge, Fast Track Court No. 2, Azamgarh whereby the appellant has been convicted under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - and in default of payment of fine further imprisonment for six months.
(2.) THE brief facts of the case as mentioned in the first information report lodged by Satya Narain Singh are that on 5 -1 -1998 at about 6 p.m., his nephew Sujit Singh was present in the house and two unknown persons came and asked about his father and called him near the house of Ramashray Singh, Sujit Singh was first assaulted with a bomb and thereafter he was shot by a country made pistol, he fell on the ground. Hearing the sound, he and Subhas Singh, Ram Autar Singh and several persons of the village rushed to the place of the occurrence and accused after assaulting Sujit Singh, ran away towards village Ahiraul Masuwa. They were chased by several persons of the village and of neighbouring villages. Sujit Singh was brought in an injured condition to the police station Jahanaganj and the report was lodged at 7.05 p.m. on 5 -1 -1998 under Section 307 I.P.C. After the registration of the case Sub -inspector Kashi Nath Singh started the investigation. He recorded the statements of Subhas Singh and Ram Autar Singh. The accused were apprehended by the villagers and brought to the police station and a case under Section 25 of Arms Act was registered against them at case crime No. 3/98. The investigating officer also recorded the statements of Sanjay Singh and Rama Shankar. Sujit Singh had succumbed to his injuries and the case was converted under Section 302 I.P.C. Thereafter, the investigation was transferred to R.N. Singh, Station House Officer. He prepared the site plans, which are Exts. Ka.7 and Ka.8. He recovered the residue of the bomb and prepared its recovery memo, which is Ex. Ka 9. He also collected blood stained and plain earth from the place of occurrence and prepared its recovery memo, which is Ex. Ka. 10. He also prepared recovery memo of rubber sleeper of the deceased, which is Ex. Ka. 11. He also prepared the recovery memo of the shoes of the accused, which is Ex. Ka. 12. He recorded the statement of the mother of the deceased and the statements of the witnesses of the recovery memo. On 7 -8 -1998 he recorded the statements of Satya Narain Singh, Deep Narain Singh, Indra Deo Singh, Sudhakar Chaubey, Ram Samhar and Vindhyachal Singh.
(3.) THE inquest memo of the deceased was prepared by Sub -inspector Ramadhar Mishra, which is Ex. Ka. 3 and the relevant papers for the post -mortem examination were also prepared by him which are Exts. Ka. 13 to Ka. 16. Thereafter he recorded the statements of Chandra Bhan Singh, Awadh Narain Singh and Jai Prakash Singh, On 28 -2 -1998 he recorded the statements Ramadhar Mishra. After the conclusion of the investigation, charge sheet was filed against the appellant and one co -accused Sanjay Singh.;