The consistent evidence of eyewitnesses, coupled with medical evidence, established the guilt of the appellants beyond all reasonable doubts, leading to the confirmation of the order of conviction and sentence passed by the Court below against them.

BAL KRISHNA JHA, J.

1. Both the appeals arise out of the common judgment and order passed on 26th February/2nd March, 2001 in Sessions Case No. 118/98 by the then learned Additional Sessions Judge-Ill, Munger, so they were heard together and are being disposed of by this judgment.

2. All the three appellants have been indicted for the offence under Sections 302 /34 of the Indian Penal Code. and imposed with punishment of life imprisonment. The appellant, Mukund Yadav, has further been indicted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and imposed with punishment of 7 years R.I. and three years respectively. The substantive sentences imposed upon the appellant, Mukund Yadav, however, have been ordered to run concurrently. All the three appellants are the sons of the accused, Sridhar Yadav (since dead).

3. The incident happened on 2,5.1997 at 5.45 a.m. near the field of Hulash Yadav in Village Adalpur, P.S.Dharhara, District Munger. At the alleged time the informant, Sahdeo Yadav, PW 6, was proceeding to his house from Basa. When he reached near the field of Hulash Yadav, situated before the bargad tree, the accused, Mukund Yadav, with pistol, Pramod Yadav and Ramdhari Yadav with khantas fitted lathies hiding themselves behind the three came out and encircled him. In no time the co-accused, Sridhar Yadav also appeared there and exhorted them in the words "dekhte kya ho, sala dushman hai, maro". At this, the accused, Mukund Yadav, opened fire from his pistol and the informant and he sustained injury on his right leg. The informant cried out and fell down injured on the ground. On his alarm, his brother, Ram Chandra Yadav, rushed there where upon the accused persons left the informant and brutally assaulted Ram Chandra Yadav with khanta fitted lathies. Ram Chandra Yadav also raised alarm and fell down injured on the ground. On the outcry of both and the sound of firing the witnesses, Arjun Yadav, PW 7, Suresh Yadav, PW 1, Naresh Yadav, PW 5, Ram Krishna Yadav, PW 4 and many others arrived and witnessed the occurrence. Thereafter the accused persons made good escape from there. On the arrival of the witnesses, Ram Chandra Yadav, narrated to them about the occurrence and he became unconscious. Then both the injured, the informant and Ram Chandra Yadav, were taken to Railway Hospital, Jamalpur, for treatment where Ram Chandra Yadav, was declared dead by the Doctor.

The motive behind the occurrence as alleged by the informant is that 3/4 days prior to the occurrence, the accused, Mukund Yadav, along with his friends in drunken state came at his darwaza and started abusing him and his family members in filthy languages. The informant protested but of no effect. Then he with the help of others chased them to apprehend but they escaped after giving life threat to them.

4. On the same day, i.e. 2.5.1997, at 9.15 hours, the A.S.I., P.N. Singh of East Colony Police Station recorded the fardbeyan (Ext. No. 3) of the informant, Sahdeo Yadav, at Bed No. 14 in the Surgical Ward of Railway Hospital Jamalpur. The fardbeyan of the informant was forwarded to the O.C., Dharhara Police Station for the institution of a case as the P.O. was lying within the jurisdiction of that police station. On the basis of his fardbeyan a formal FIR (Ext. No. 4) was drawn up and Dharhara P.S. Case No. 38 of 1997 dated 2.5.1997 was registered under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act against the four accused persons, namely, Mukund Yadav, Pramod Yadav, Ramdhari Yadav and Sridhar yadav. On the completion of the investigation police chargesheeted all the three accused-appellants to stand trial under Sections 302/307/34 of the Indian Penal Code and Section 27 of the Arms Act after keeping investigation pending against the co-accused, Sridhar Yadav, Sridhar Yadav could not be apprehended and during investigation he died and accordingly supplementary case diary was submitted ag