M.C. Jain, J. - (1.) The accused Rameshwar has preferred this appeal from jail against his conviction and sentence ordered by III Additional Sessions Judge, Court No. 3, Shahjahanpur on 22.10.2002 in Sessions Trial No. l 15 of 2001. He has been convicted under Section 302 I.P.C. and sentenced to life imprisonment together with imposition of fine of Rs. 10,000/-. In default of payment of fine, two years' further rigorous imprisonment has been ordered.
(2.) Sri Gaurav Kackkar was appointed as amicus curiae to argue out the appeal on behalf of the accused appellant who had no pairokar. We have heard him as also Miss Usha Kiran, AGA from the side of the State.
(3.) We start with giving of the resume of the essential facts. The incident occurred on 7.8.2000 at about 10.30 P.M. in town Kalan in front of the English wine shop within P.S. Kalan, District Shahjahanpur and the F.I.R. was lodged by an eyewitness Kunwar Pal PW 1, husband of the sister of the deceased. About five days before the incident, he had come to his Sasural in village Kalan as a guest. In the eventful night at about 10.30 P.M., he and his Sala Mohan (deceased) were sitting on a cot in front of the shop of the deceased Mohan. The accused Rameshwar came there on the road in front of the shop and started hurling abuses on Mohan. The background was that there had been some altercation between him and the deceased Mohan in the day, but some persons had intervened. When Rameshwar accused started hurling abuses on Mohan, the latter objected to it. Rameshwar then stabbed him in the abdomen and ran away towards eastern side. At that time, there was a lighted petromex at the shop of Mohan as also on the nearby hotel of Ram Kishore PW 2. Ram Kishore PW 2, Moolchand PW 3 and several others saw the incident. The victim died instantaneously. On the lodging of the F.I.R., a case was registered and investigation was taken up by SI Rajeev Kumar Pathak PW 6 who was then the S.O. of the Police Station concerned. He recorded the statement of the informant at the Police Station itself and then reached the spot busying himself with the activities related to the investigation, i.e. preparation of the inquest report of the dead body of the deceased, site plan etc. The dead body of the deceased after being sealed was sent for post mortem which was conducted on 8.8.2000 at 4.40 P.M. by Dr. Y.K. Singh PW 5. The deceased was aged about 20 years and about one day had passed since he died. The following ante mortem injury was found on his person: (1) A stab wound 1.0 cm x 0.5 cm x abdominal cavity deep on the left side of abdomen and lateral to umbilicus at 2 O' clock position. Margins clean cut.;