A.K.ROOPANWAL, J. - (1.)THIS criminal Appeal has been filed against the judgment and order dated 9.4.2003 passed by the Additional Sessions Judge (F.T.C. No. 3), Ghazipur, in S. T. No. 217 of 2001, State Vs. Kedar and another, whereby the appellants were convicted and sentenced under section 302 I.P.C. read with section 34 I.P.C. for life imprisonment alongwith a fine of Rs. 20, 000/- and in default in payment of fine further R.I. for one year. According to the case of the prosecution first informant Bharat Rajbhar, son of Sukhnandan Rajbhar, resident of village Sukhpura, Police Station Nonahara, District Ghazipur, was returning to his house on 12.7.2001 alongwith his brother Munnar (deceased). When Munnar came near the house of Satyanarain Rajbhar and the informant was somewhat behind him the accused Rajdeo armed with country made pistol and Kedar without any arm came out of the house of Satyanarain Rajbhar. It was 6.15 P.M. Kedar exhorted to kill Munnar at which Rajdeo fired upon him but the fire had missed. Immediately thereafter the appellant Kedar took the country made pistol from Rajdeo and fired upon Munnar, which hit him. He fell down and died. The occurrence was witnesses by the informant, Ramadhar and Munna.
(2.)THE informant Bharat Rajbhar got the report of the incident written from Dhaneshwar Rajbhar of village Chak Sikandar, Post Office Miranpur, District Ghazipur, and went to the police station alongwith the dead body of Munnar. On the basis of the written report the chik F.I.R. was written at the Police Station Nonahara on 12.7.2001 at 7.45 P.M. The investigation of the case was taken up by the S.O., Police Station Nonahara, S. I. Paramhans Yadav. He copied out the F.I.R. and the G.D. of the case in the case diary and on the pointing out of the informant inspected the place of occurrence and prepared the site plan. He also collected blood stained and plain earth from the place of occurrence and prepared its memo. He also prepared the Panchayatnama and other connected papers of the dead body and sent it in sealed condition for post-mortem. He recorded the statements of the witnesses of Panchayatnama and other witnesses. After his transfer the investigation was conducted by the subsequent S. O., Police Station Nonahara, Ram Jatan Varun. He recorded the statements of the scribe of the F.I.R. and after concluding the investigation submitted the charge sheet against the accused persons.
The accused appellants were committed to the court of Sessions by the then C.J.M., Ghazipur, In the Sessions Court the appellants were charged u/s 302 I.P.C. to which they denied and claimed to be tried. In support of its case the prosecution examined PW1, Bharat Rajbhar (the first informant) and PW2, Munna as the so-called eyewitnesses of the alleged occurrence. Besidese these witnesses PW3, Constable Jitendra Singh, who had taken the dead body for post-mortem, PW4, Dr. A. K. Mishra, who had conducted the post-mortem of the dead body of Munnar, PW5, Ram Ashish Ram, the Scribe of the F.I.R. and the G.D. of the registration of the case, PW6, S.I. Paramhans Yadav, the earlier I.O. of the case, were also examined.

(3.)THE post-mortem of the dead body was conducted on 13.7.2001 at Mortuary, Ghazipur. According to the doctor the dead body was of a man of about 47 years of age. The rigor mortis had passed off from the upper extremities and was present in the lower extremities. The following ante-mortem injuries were found on the person of the deceased:
1. Gunshot entry wound of size 2.5 cmx 1.5 cm x cavity deep at left side of chest 5 cm below the left collar bone. The margins were inverted. Blackening and tattooing were present. 2. Gunshot wound of exit of size 3 cm x 2.5 cm at left back and 8 cm below c-7 vertebra and 3 cm away from vertebral column. Margins were everted.
Wound nos. 1 and 2 were through and through and were connected with each other. In the opinion of the doctor the death had caused due to shock and haemorrhage as a result of ante-mortem gunshot injuries. The doctor had opined that the death could have taken place on 12.7.2001 at 6.15 P.M. with a country made pistol.