RAJEEV MISRA,J. - (1.) The appellant faced two session trials simultaneously, Session Trial No. 144 of 2010 where he was charged for an offence of murder and was punished under Section 302 IPC and Session Trial No. 145 of 2010 charged the appellant under Section 3 / 25 of the Arms Act on recovery of a weapon said to have been utilized for the commission of the murder where also he was awarded punishment. On the first count, the appellant has been awarded life imprisonment together with Rs. 10,000/- fine and in default thereof to undergo one year of rigorous imprisonment. On the second count under the Arms Act a rigorous imprisonment of one and a half year and a fine of Rs. 1,000/- has been awarded and in default of payment of fine, three months of additional rigorous imprisonment has been awarded.
(2.) Aggrieved the appellant is before this Court. We have heard Sri A.C. Srivastava, learned counsel for the appellant and Sri Sagir Ahmad, learned AGA for the State. We are not reproducing every minute detail of the investigation and trial as they have been recorded meticulously and chronologically in the judgment of the trial Court.
(3.) The story of the prosecution commences with the lodging of the FIR on 14th January, 2010 at about 7:45 am narrating that about 6:00 am in the morning, the appellant shot his grandfather Surya Narayan Pandey dropping him dead while he had gone to ease himself. The family relationship of the informant, the accused and the deceased deserves to be noted at this stage. The informant Girjesh Kumar Pandey is also the grandson of the deceased. His father is Harinath Pandey. The appellant accused is the sone of Ram Shanker Pandey, the other son of the deceased. The scribe of the FIR is Devki Nandan Mishra, the maternal uncle of the informant Girjesh Kumar Pandey. On the lodging of the FIR the investigation proceeded and a recovery of the weapon being a country made pistol of .315 bore and arrest of the appellant was made on 18th January, 2010. The commission of the offence is said to have been witnessed by the first informant Girjesh Kumar Pandey along with his mother Smt. Vedmati who had also gone to the fields for attending the call of nature at the same time. The scribe of the FIR Sri Devki Nandan Mishra, who is the brother of Smt. Vedmati is said to have arrived at the scene of occurrence also and these three witnesses were examined as PW-1, PW-2 and PW-3 respectively. The inquest report was prepared and the postmortem was carried out that broadly reports a couple of gun shot injuries with blackening present both having one entry and one exit wound. The cause of death has been shown due to shock and haemorrhage on account of the fire arm injuries indicated in the report. The site plan was prepared and the recovery of one cartridge is also stated to have been made and sent for ballistic examination. The ballistic report was submitted and the ballistic expert was also examined. The doctor who conducted the postmortem report was examined as PW-4 and the formal witnesses including the Investigating Officer were examined as PW-5 to PW-8. The defence closed with the solitary statement of the appellant under Section 313 Cr.P.C denying the guilt.;