ORDER :

B.N. Agrawal, J.

The appellant Shyam Babu Maurya and his co-accused Lavlesh @ Pappu and Ram Bahadur were convicted by the trial court for an offence under Section 302 of the Penal Code, 1860 (for short "Indian Penal Code") and sentenced to undergo imprisonment for life and to pay fine of rupees ten thousand each and in default to undergo further imprisonment for a period of one year. On appeal, the High Court altered the conviction of the appellant and his co-accused from one under Section 302 Indian Penal Code to Section 302 read with Section 34 Indian Penal Code. Hence, this appeal.

2. We have heard the learned counsel for the parties and perused the record.

3. The case of the prosecution, as disclosed in the first information report, was that the appellant and his co-accused killed Inder Dev Singh on 9-11-1999 near the culvert of minor canal of Village Moran by firing shots from their pistols.

4. The trial court relied upon the testimony of Om Dev Singh (PW 1) (brother of the deceased), Devender Singh (PW 2), a resident of Village Moran and Dr. R.K. Mishra (PW 6), who conducted the post-mortem and found that almost all the injuries were caused by firearms and were sufficient