Ramesh Sinha, J. - (1.) The present criminal appeal has been preferred against the judgment and order dated 23.5.1985 passed by IInd Additional Sessions Judge, Mirzapur in S.T. No.59 of 1984 convicting and sentencing the appellant for life imprisonment under Section 302 I.P.C.
(2.) The prosecution case in brief is that on 16.8.1983 at about 7 A.M.,the complainant, namely, Kailash Nath Dubey (deceased) was irrigating his field which was situated towards South of his village Chabgehna for sowing paddy seeds. At about 7.45 A.M., on the issue of irrigation of the field, some altercation took place between the complainant Kailash Nath Dubey and one Shree Ram, resident of village Nadhgehna. At about 8 A.M., the accused, namely, Kripa Shankar and Goli alias Jata Shankar, both sons of Shree Ram, came at the field of the complainant Kailash Nath Dubey. The accused Kripa Shankar was armed with lathi and Goli alias Jata Shankar was armed with a licensee gun. On the exhortation of accused Kripa Shankar, accused Goli alias Jata Shankar with an intention to commit murder of the complainant Kailash Nath Dubey fired a shot at him from his gun which hit on the back of the complainant. With the help of his brothers, the complainant Kailash Nath Dubey was immediately taken to the District Hospital. The incident was witnessed by Sheo Shankar Tiwari, Radhey Shyam Yadav, Sheo Shankar Tiwari son of Ram Narain and others. The complainant Kailash Nath Dubey got an FIR (Ext. Ka.3) of the incident written by Shambhoo Nath Dubey and the said FIR was lodged at the police station Padari on 16.8.1983 at 11 a.m.
(3.) On the basis of written report, Chik report (Ext. Ka.5) was prepared and case was endorsed in G.D. as Crime No.79/83, under Section 307 I.P.C., carbon copy of which is marked as Ext. Ka.6.;