Pankaj Naqvi, J. - (1.) This criminal appeal is preferred against the judgment and order dated 10.9.2004 passed by the Additional Sessions Judge, Court No.8, Muzaffar Nagar in S.T. No.643 and S.T No. 642 both of 2001 (Case Crime Nos.181 and 212 both of 2001) convicting/sentencing appellant for life under Section 302 IPC with fine of Rs.10,000/- and a default sentence of 3 years; under section 25 Arms Act to 1 year R.I. All sentences were to run concurrently. The prosecution case in brief is that the accused had borrowed money from the father of informant (P.W.1), a year prior to the occurrence, latter used to insist for repayment but the amount remained unpaid. The accused-appellant went to jail in some other case, was released 7-8 days prior to the occurrence. The father of informant again insisted for his money. On 31.3.2001 at about 12.15 PM, accused-appellant came to the house of P.W-1, in presence of his Mother, Bhabhi-Chhoti (P.W-2), guest-Mukesh (P.W-3) and one Suresh Pal threatened the father of informant as to how he insisted for return of the amount, as no one ever dared to do so, the accused took out a country-made pistol from his waist, fired a shot at the father of informant, accused fled from the scene, father (victim) was taken to the District Hospital from where he was referred to Meerut but he succumbed on way. The body kept at District Hospital, Muzaffar Nagar.
(2.) On above allegations a written report (Exbt Ka-1) scribed by Gram Pradhan-Satyaveer, came to be submitted at the police station at a distance of 6 kms which became a basis for registering an F.I.R as Case Crime No.181/2001 under Section 302 IPC at 3.35 PM same day.
(3.) P.W-8 is the Sub Inspector who carried out the inquest (Exbt Ka-8) of the deceased at the hospital prepared other police papers. He testified that one Madan Lal was the I.O, in the case who is no more but is familiar with his hand writing. The deceased I.O, commenced investigation on 31.3.2001 and at the instructions of P.W-1/the informant prepared a site plan (Exbt Ka-13), collected bullet from the scene, prepared a memo (Exbt Ka-15) under his signature apart from conducting other investigational formalities. During investigation at the pointing out of accused-appellant he recovered the offending weapon from a box in his house, on 17.4.01 at 9.30 PM, memo (Exbt Ka-2), duly authenticated in respect of which an F.I.R, as Case Crime No.212/2001 under section 25 of the Arms Act came to be registered on 17.4.2001 at 11 PM.;