Rajiv Gupta, J. - (1.) The present criminal appeal has been filed by the appellant Raja Bhaiya @ Kanhiya Lal Panda against the judgment and order dated 29.02.2016, passed by Special Judge, EC Act/Additional Sessions Judge, Allahabad, in Sessions Trial No. 394 of 2007 (State Vs. Raja Bhaiya and another) arising out of Case Crime No. 310 of 2005, under Section 302 IPC, Police Station Dhoomanganj, District Allahabad, by which the appellant has been convicted under Section 302 IPC and awarded the sentence of life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine, to undergo six months additional imprisonment.
(2.) Briefly stated the prosecution story, as mentioned in the written report, is that the first informant's elder brother Ram Vishal Pal was having inimical terms with Dhruv Panda. On 02.11.2005, two persons had taken his brother from his house for showing them a plot. It is further alleged that the first informant along with his brother and several other persons were present at the plot. At about 12:20 PM, while his brother was returning back from the plot to his house, two persons riding a CBZ motorcycle came there. The pillion rider, named Raja Bhaiya @ Kanhiya Lal Panda S/o Dhruv Panda, who was armed with rifle, opened fire upon his brother. Hearing the shot, first informant, who was following him, ran towards him, however, the motorcycle riders made their escape good through the motorcycle. The other person, who was driving the motorcycle, is known to him and has been recognized but he does not know his name. On account of firing made, his brother Ram Vishal Pal received injuries and died instantaneously, resulting into commotion at the place of the incident.
(3.) On the basis of the said written report, Exhibit Ka-1 FIR was registered at Police Station Dhoomanganj, District Allahabad vide Case Crime No. 310 of 2005 under Section 302/34 IPC. On the basis of the said check FIR, G.D. Report No. 32 dated 02.11.2005 at 13:45 hours was drawn, carbon copy whereof has been marked as Ex. Ka-5. After the registration of the FIR, the Investigation was entrusted to PW-6 Ved Prakash Rai, who along with relevant police papers and other police personnels, reached at the place of the incident and PW-7 SI Ranjeet Singh conducted the inquest on the person of the deceased and prepared the challan lash, photo nash, sealed sample, chitthi RI, chitthi CMO, which have been marked as Ex. Ka-10, Ka-11, Ka-12 and Ka-13 respectively and thereafter, despatched the dead body for postmortem. The Investigating Officer thereafter on the pointing out of the first informant prepared the site plan, which has been marked as Ex. Ka-9 and thereafter, collected the bloodstained earth and plain earth from the place of incident and prepared its fard. The Investigating Officer also prepared the fard recovery memo of empty cartridges and charger clip, which has been marked as Ex. Ka-3.;