(1.) Heard Shri Sangam Lal Kesarwani, learned counsel for the accused appellant, Sri A.N. Mulla, Sri J.K. Upadhyay, Kumari Meena and Smt. Manu Thakur, brief holder for the State and perused the record of this appeal.
(2.) By way of instant Criminal Appeal challenge has been made to the validity and sustainability of the judgment and order of conviction dated 26.09.1995 passed by the VI Additional Sessions Judge, Kanpur Nagar in Sessions Trial No. 573 of 1992 State v. Amol Singh, arising out of case crime no. 87 of 1992, under Sec. 302 I.P.C, Police Station-Juhi, district-Kanpur Nagar, whereby the appellant has been sentenced to imprisonment for life.
(3.) The prosecution story, as unravelled by the first information report, reflects that informant Somnath son of Mohan Lal-lodged written report at Police Station-Juhi, district-Kanpur Nagar on 19.1992 at 2.50 P.M. against appellant-Amol Singh @ Baba with the allegations that on 19.1992 at about 2:30 P.M., Holi song was being sung in front of house of Ram Shanker under Babool tree at Naya Purva; in the meanwhile, Amol Singh @ Baba s/o Raja Ram, r/o House No.133/716, came over there, asked Baboo Ram @ Binda (brother of informant) and the informant, not to sing the Holi song (Faag), whereupon, some altercation took place, between the informant and accused Amol Singh @ Baba, when Amol Singh @ Baba went to his home brought countrymade gun and fired on Baboo Ram @ Binda in front of house of Sant Jyoti which hit him on his stomach. Amol's father Raja Ram tried to intervene, but in his bid he also sustained gunshot injury on his hand. The incident was witnessed by Indra Bhan Singh, Mewa Lal and other persons of the locality. It was requested that report be lodged and appropriate action be taken. This written report is Ex. Ka.1.