RAMESH SINHA, J. - (1.) The present criminal appeal has been preferred against the judgment and order dated 10.8.2016 passed by Additional District and Sessions Judge, F.T.C. Court No.2, Farrukhabad in S.T. No.13 of 2010 (State Vs. Dharmendra @ D.K.Yadav) and S.T. No.14 of 2010 (State Vs. Dharmendra @ D.K.Yadav) convicting and sentencing the appellant under Section 302 I.P.C. for life imprisonment and also awarded Rs.5,000/- as fine and in default of payment of fine, five months additional imprisonment and for the offence under Section 25 / 27 Arms Act, the appellant has been further convicted three years imprisonment and fine of Rs.2,000/- and in default of payment of fine, two months additional imprisonment.
(2.) The prosecution case in brief is that the informant, namely, Rajveer Singh, son of Yadunath Singh, resident of Village Khudaganj, Police Station Kamalganj, District Farrukhabad addressed a written report dated 3.8.2009 to the Station Officer of Police Station Kamalganj, District Farrukhabad stating therein that his agricultural field is near the tube-well of one Satyapal Singh, son of Chhotey Singh Somvanshi, Resident of Khudaganj, District Farrukhabad and on 3.9.2009 at about 9 a.m. when he had gone to to see crops at his agricultural field, he saw one person was lying at the roof of the tubewell of Satyapal Singh, he also raised voice from the ground but no one answered, hence he boarded the roof and saw that one person was lying dead and he suspected that the said person had received gunshot injury on his head. The said person appears to have been murdered by shooting him and dead body was lying at the roof, hence, he informed the police for necessary action.
(3.) On the basis of the said written report lodged by the informant, namely, Rajveer Singh, the police of Police Station Kamalganj, District Farrukhabad lodged an FIR on 3.8.2009 against unknown persons for the offence under Section 302 I.P.C. and also endorsed the said fact in the G.D. Rapat No.17 on 3.8.2009 at about 10.10 a.m. After registering the FIR at Police Station Kamalganj, the police reached at the place of occurrence and conducted the inquest report of the dead body of the deceased as unknown and after sealing the same, sent it for post mortem examination.;