that the appellant has fired at Nishant Singh @ Kundan Singh from his pistol due to which he has died. He has further stated that Harendra Kumar Yadav told him that he had accompanied his brother to the house of the appellant and at that time Ajay Kumar Yadav and Saurabh Kumar Batra were also with him. On such facts, the informant on his own account is not an eye-witness. The prosecution has projected Saurabh Kumar Batra-P.W.1, Harendra Kumar Yadav-P.W.2 and Ajay Kumar Yadav-P.W.3 as the eye-witnesses. The mother and father of the deceased were examined as P.W.5 and P.W.8 respectively. Nishant Singh @ Kundan Singh has suffered homicidal death by fire arm injuries is proved by the medical evidence. During the investigation P.W.1, P.W.2 and P.W.3 gave their statement under section 164 of the Code of Criminal Procedure which were recorded by P.W.9 and P.W.10, the Judicial Magistrates. The investigating officer who has been examined as P.W.11 has stated about recording of fardbeyan , inquest report, post-mortem report, seizure of blood-stained soil, pistol and one empty cartridge from the place of occurrence.
