Umesh Kumar, J. - (1.) This appeal has been preferred against the judgment and order dated 28.03.1988 in S.T. No. 19 of 1987 passed by Sessions Judge, Lalitpur convicting the appellant- Kashiram under Section 302 of IPC and convicting him for life imprisonment. Brief facts of the case, as per the prosecution version, is that a written report Ex.Ka-2 was submitted by Rameshwar Prasad, Platoon Commandar, S.O. Jagropan, Lalitpur stating that on 06.02.1986, he was shift Incharge in FCI, Lalitpur for the period from 06.00 a.m. to 02.00 p.m. At about 12.00(noon) when he was checking the duties of Home Guards, he saw Sukh Lal, Home Guard sitting in front of Sectors- C & D of the FCI on takhat, and in the meanwhile Kashi Ram, Home Guard fired two shots by his government rifle from the corner of (runway path)hawaipatti at Sukh Lal who received injuries and fell down on takhat . The event has been seen by Home Guards namely Ramakant, Prasanna Kumar, Shikhar Chandra and other villagers. On this, a written report chick first information report Ex. Ka-7 was registered. Inspector-Incharge of the police station Nem Chandra Gupta P.W.13 reached on the spot, recorded the statement of Sukh Lal (Ex.Ka.9) and thereafter, sent the injured to hospital for treatment. The injured was admitted in the hospital. His medical examination was made by Dr. SNS Patel ( bed head ticket Ex.Ka.5) was prepared. In the hospital, the injured died at about 03.15 p.m. on the same day. Thereafter, inquest of the dead body of deceased (Ex.Ka.17) was prepared and postmortem was conducted by Dr. R.K.Agrawal. After recording statements of witnesses and completing the investigation, charge sheet ( Ex.Ka.33) was submitted by the police.
(2.) During investigation, recovery memo of rifle, cartridges (Ex.Ka.3) blood stained and plain earth were prepared in presence of Rameshwar Prasad (P.W.1) and sent the articles for ballistic examination. The ballistic report Ex.Ka.37 is on record which is proved by P.W.21- Ram Asrey Pandey.
(3.) Charges were framed against the accused-appellant under Section 302 of I.P.C. which was read over and explained to the accused appellant who pleaded not guilty and claimed for trial.;