Pratyush Kumar, J. - (1.) The instant Criminal Appeal, filed by the accused -appellant, is directed against the judgment and order dated 17.03.2005 passed by Sri Ram Krishna Shukla, the then Additional District and Sessions Judge, Hardoi in Sessions Trial No. 257 of 2003 [State v/s. Ram Autar] arising out of Case Crime No. 70 of 2003, under Sec. 302 IPC, P.S. Behta Gokul, District Hardoi convicting the appellant under Sec. 302 IPC and sentencing him to under go life imprisonment and fine of Rs. 2000/ - and in default of payment of fine six months additional imprisonment.
(2.) Prosecution version, in the present appeal may be summarized as under: - - "That on 18.03.2003 at 2.40 P.M. Pappu @ Prabhu Dayal handed over his written report addressed to P.S. Behta Gokul mentioning therein that he had some altercation with Ram Autar on account of egress of water by his Nali. Though the matter was amicably settled but Ram Autar bore enmity with him and that they at 1.45 P.M. along with other persons of the village were returning after keeping Akshat on the Holi occasion, Ram Autar, who was armed with double barrel gun was coming back after keeping Askshat and was walking ahead, when he reached at the door of the house of first informant, he abused Arvind @ Bhalu brother of the first informant, who sat on the Chabutara of the Chhappar and shot him twice by his gun, his brother had fallen down, Ram Autar was chased by them, who ran away after throwing his gun, his brother had died."
(3.) On this written report chik FIR was scribed and case Crime No. 70 of 2003 under Sec. 302, 504 I.P.C. Was registered and entered into G.D. of the police station. Postmortem examination of the dead body of the deceased was conducted. After completion of the investigation charge -sheet was submitted against the present appellant. By the court of Session the present appellant was charged under Sec. 302 I.P.C., which he denied and claimed to be tried.;