JUDGMENT (CAV)

Anil Kumar Upadhyay, J.—Both Death Reference No. 3 of 2016 and Criminal Appeal (DB) No. 587 of 2016 have been heard at length and Judgment was reserved on 16.01.2020. Both Death Reference No. 3 of 2016 and Criminal Appeal (DB) No. 587 of 2016 are being decided by this common judgment.

2. At about 10.30 a.m. the fardbeyan of the informant Anand Keshri (PW 1) was recorded with regard to the incident of murder of Rajendra Keshri, proprietor of Bhojpur Chuna Bhandar at 09.05 a.m. In his fardebayn the informant has stated that when he had gone to purchase Paint at the shop of his cousin brother Rajendra Keshri, three persons riding on the motorcycle came and stopped their motorcycle in front of shop. Out of three, two got down from the bike and out of two, one was standing facing road and the other armed with pistol came and made indiscriminate firing over Rajendra Keshri. The third person remain seated over the motor-cycle and after firing all three escaped. He claimed that he can identify the culprit. It is stated that the injured was taken to Sadar Hospital wher