SAROJ BALA, J. - (1.) THESE two connected criminal appeals are directed against the judgment and order dated 29.11.2007 passed by the Sessions Judge, Kannauj in S.T. No. 294 of 2006 whereby convicting the appellant Keshav Kumar Gupta for the offence under section 302IPC and rest of the appellants for the offence under sections 302 IPC read with section 34 IPC and sentencing each of them to rigor­ous imprisonment for life and fine of Rs. 10, 000/-.
(2.) THE prosecution case put briefly was that on 15.3.2006 at about 10.40 A.M. Amit Kumar alias Bauwa son of complain­ant Fremchand (P.W. 1) along with other family members was playing Holi colours outside of his house situated in Mohalla Bazaria Chhibramau District Kannuaj. At the same time the accused-appellant Ke­shav, Sunil, Manoj and Chandrasen armed with licenced revolver, double barrel gun and country made pistols came there. The accused-appellants Keshav Kumar Gupta opened fire from his licenced revolver at complainant's son Amit Kumar alias Bauwa and seriously injured him. The vic­tim died on the way to the hospital. The complainant got scribed the written report (Ext. Ka-1) from Rakesh Babu Tripathi and laid it at P.S. Chibbramau at 11.45 A.M. on 15.3.2006. On the basis of written report check FIR (Ext. Ka-3) was prepared by constable Mohrrir Tukman Singh (P.W. 6) and crime was registered in the G.D. (Ext. Ka-4). The special report was sent to the higher officers the same day at 12.15 hrs. noon. The inquest on the dead body was conducted by S.I. Nisar All (P.W. 7) at P.H.C. Chibbramau. During the course of inquest, inquest memo, challanlash, photo-lash, letters to C.M.O. (Exts. Ka.-6, 7, 8 and 9) were prepared. The sealed bundle con­taining the dead body along with police, paper was handed over to constable Shiv Narain Singh for transportation to the mortuary for post-mortem.
(3.) THE post-mortem on the dead body of Amit alias Bauwa was conducted by Dr. Narendra Babu (P.W.5) on 15.3.2006 at 3.45 P.M. and following ante-morten in­juries were found: 1. Firearm wound of entry 0.5 cm. x 0.5 cm, x cavity deep on right lat­eral aspect of abdomen 12 cm. above O/d bullet recovered from right abdomen cavity. 2. Firearm wound of entry 0.5 cm. x 0.5 cm. x cavity deep on right side back 13 cm. below from posterior axilla fold, 12 x 5 cm. from mid line blackening present around the wound, margins lacerated and in­verted. O/d bullet recovered from T9 vertebra. 3. Firearm wound of entry 0.5 cm x 0.5 cm. x cavity deep on the right side back 7 cm. below from injury Nos. 2 and 9 cm. from midline, lac­erated and inverted. O/d bullet re­covered from Till vertebra. 4. Firearm wound of entry 0.5 cm. x 0.5 cm. x cavity deep on left side back of chest, 13 cm. below from base of neck, cm. from mid line lacerated and inverted. O/d bullet recovered from left chest wall lat­eral aspect. 5. Firearm wound of entry 0.5 cm. x 0.5 cm. x cavity deep on left side back 20 cm. below from base of neck, 9 cm. from midline lacerated and inverted left lung lacerated. O/d bullet recovered from left side chest wall laterally. 6. Fire-arm wound of entry 0.5 cm. x 0.5 cm. cavity deep on midline 18 cm. above the buttock lacerated and inverted. O/d 12th (T12) verte­bra and bullet recovered from vertebra, T9, T12 vertebra are fractured. ;