SHIV SHANKER,J. - (1.)THIS criminal appeal has been preferred against the im ­pugned judgment and order dated 25.3.1982 passed by I Additional Sessions Judge, Bulandshahr in Sessions Trial No. 138 of 1981, Nawab and others v. State of U.P., convicting and sentencing the appellant Nawab under section 302 IPC to imprisonment for life while two other co -accused Ram Charan and Nandan have been acquitted by giving the benefit of doubt.
(2.)BRIEF facts, arising out of this ap ­peal, are that Rajendra Prasad Sharma son of Pati Ram, lodged first information report on 30.12.1980 at 9.15 P.M. wherein it has been alleged that there was litigation in between the informant and accused Ram Charan and others. Therefore, accused Ram Charan and others usually did talk in ab ­surd manner against the informant and his family members. On 30.12.1980, the informant, his father Pati Ram and his sister Urmila were returning back to their village on cycle after selling cloth from Belon Penth through the northern Patri of Anupshahr branch of the canal. Two other persons, namely Bahori Singh and Mohan Lal were also on their cycles along with them. All were talking among themselves. There was a packet of clothes on the carrier of the cycle of his father, while his sister Urmila was sitting on frame of the cycle driven by informant. His father was going ahead from him and he was coming with the above two persons from behind talking with each other. At about 6.00 P.M., ac ­cused Ram Charan, Nandan and Nawab met them at the Patri of the canal situated in jungle of village Vijao. Nawab and Ram Charan were armed with country made pistols. They caught hold the father of the informant on the cycle due to which he fell down from the cycle. Thereafter, accused Nawab shot fire upon his father on head who died on the spot due to the sustaining the firearm injuries. The informant and his companions had raised alarm whereupon accused Ram Charan opened fire from his country made pistol upon the informant at the exhortation of accused Nandan. Then the assailants ran away from there after leaving his cycle. Same time, several per ­sons of village Vijao reached there after hearing the noise. The informant and his companion returned to the place of inci ­dent and saw that his father is lying dead and his cycle along with Bakucha of clothes (Packet) was also lying near the dead body. After leaving many persons near the dead body, the informant Rajendra Prasad Sharma proceeded for lodging the police report after preparing the written report (Ext. Ka -1) and submitted the same at the out post Ramghat, Police Station Narora, District Bulandshahr. On the basis of the written report submitted by the informant, Chik FIR (Ext. Ka -4) was prepared and the case under sections 302/307 IPC, was regis ­tered against the three accused persons namely Ram Charan, Nandan and Nawab (present appellant). The investigation of the case was entrusted to S.I. Sri M.L. Vimal. Thereafter, the Investigating Officer visited to the place of incident and prepared the inquest report (Ext. Ka -9) from 9.50 to 11.30 P.M. He also prepared photo Nash (Ext. Ka -10), Challan Nash (Ext. Ka -1), let ­ter/memo to C.M.O. (Ext. Ka -12) and let ­ter/memo to R.I. (Ext. Ka -13). After sealing the dead body of the deceased, the same was entrusted to Constable 869 Sri Pal Singh and Constable 761 Jai Prakash.
The dead body of the deceased was produced along with other papers be ­fore Dr. H.U.K. Zuberi (P.W. 4) who pre ­pared the post -mortem report (Ext. Ka -3) of the dead body of deceased on 31.12.1980 at 3.30 P.M. The following ante -mortem inju ­ries were found on the dead body of the deceased : -

1. Lacerated gun shot wound 3/4" j xl/2" x brain deep on left side temporal region 1/2" in front of left ear blackening present. 2. Lacerated gun shot wound 1" x 1/2" x brain deep on right side head 2" above and behind the right ear. 3. Abrasion 1/4" x 1/4" in front of left knee joint. 4. Abrasion 1/4" x 1/4" in inner side of left ankle joint. The cause of death has been shown in the post -mortem report due to haemor ­rhage and shock as a result of firearm inju ­ries.

(3.)ON 30.12.1980, the Investigating Officer also took in possession the cycle along with Bukcha with 82 pairs of ladies Dhoti and the same were given in the Supurdagi of informant Rajendra Prasad Sharma and prepared its Fard (Ext. Ka -2). Same time, blood stained earth and simple earth were also taken and sealed in sepa ­rate bundles. Shoes, one bullet, found at the place of incident were taken into custody. The same was sealed in separate bundless and prepared the Fard (Ext. Ka -16). Blood stained clothes etc. were send to the Chemical Examiner from where a report had been received. After completing the investigation, charge -sheet was filed against the three accused persons, named in the first information report.