A.K. TRIVEDI, J.:–Criminal Appeal No.1109 of 2006 wherein Santosh Singh happens to be the appellant, Criminal Appeal No.1073 of 2006 wherein Seth Singh, Sanjay Kumar @ Sanjay Singh, Bholi Singh @ Rajiv Kumar happen to be appellants, Criminal Appeal No.1042 of 2006 wherein Kapildeo Singh, Raj Kishore Singh, Ranjit Singh @ Ranjit Kumar happen to be the appellants and Criminal Appeal No.1044 of 2006 wherein Shankar Singh happens to be the appellant commonly originate against judgment of conviction dated 17th October, 2006 and sentence dated 18.10.2006 delivered by Sri Narayan Prasad Singh, Additional Sessions Judge, Fast Track Court-IV, Sheikhpura in Sessions Trial No.309 of 2002/T.R. No.189 of 2006 accordingly there has been analogous hearing and are being disposed of by a common judgment.

2. Appellant, Santosh Singh has been found guilty for an offence punishable under Section 148, 302 I.P.C. and 27 of the Arms Act and been directed to undergo R.I. for life under Section 302 of the I.P.C., R.I. for five years under Section 27 of the Arms Act and the sentences have been directed to run concurrently. No separate sentence has been awarded for an offence punishable under Section 148 of the Indian Penal Code. Appellant, Awadhesh Singh, Shankar Singh, Guddu Kumar, Sanjay Singh, Ranjit Singh, Seth Singh, Bholi Singh, Kapildeo Singh, Raj Kishore Singh have been found guilty for an offence punishable under Section 148, 302/149 of the IPC and were directed to undergo R.I. for life though no separate sentence has been awarded for Section 148 I.P.C.

3. Tanik Lal Singh, P.W.4 gave his fardbeyan (Exhibit 4) on 14.5.2001 at about 05:15 P.M. at his Darwaja before officer-in-charge of Chewara P.S. alleging inter alia that on the same day at about 6 A.M. Awadhesh Singh along with Santosh Kumar, Shankar Singh, Guddu Kumar, Bholi Kumar, Sanjay Kumar, Ranjit Kumar, Kapildeo Singh, Raj Kishore Singh, Seth Singh along with 3-4 others armed with rifle, gun came and surrounded his house. Then thereafter they abused and said that why you have gave vote in favour of Shambhu Singh. Whole family will be eliminated. He begged and further disclosed that he happens to be an old and infirm and further is unable to move, So he had not cast vote in favour of anybody. Then he sat in his Baithka. Hearing noise, his brother Uma Shankar, Janardhan, Vijay, Soni and others who were sleeping at the roof of his house, awakened and further forbidden then not to abuse. Inmates have shut the door. During course thereof, Awadhesh Singh, Shankar Singh, Santosh Kumar and Bholi singh began to fire. Awadhesh Singh disclosed that they will not open the door so anyhow we should manage to climb over roof. Raj Kumar Singh was repeatedly asking for opening of the door. In the midst thereof Seth Singh, Guddu Kumar, Sanjay Kumar, Ranjit Kumar, Bhola Kumar, Shankar Singh climbed over roof of Seth Singh. Within five minutes Santosh and Guddu began to raise alarm to slip there from as they have shot at the head of Uma Kant. His brother began to flounce. Thereafter, he was taken towards Ariyari but again the accused persons intercepted on account of which he was taken to Sheikhpura through Chewari. From there he has been forwarded to Patna where he died. The motive for occurrence has been suggested as during last Mukhiya Panchayat as they have supported Shambhu Singh so the accused persons have committed the offence.

4. On the basis of the aforesaid fardbeyan Ariyari (Chewara) P.S. Case No.88 of 2001 was registered under Sections 147,148,149,341,324,307,302 of the I.P.C. and 27 of the Arms Act followed with investigation and submission of charge sheet under Sections 147, 148, 149, 342, 302, 120(B) I.P.C. and 27 Arms Act. Where under cognizance was also taken and accordingly, case was committed to the court of Session whereupon accused face trial which ultimately concluded in conviction.

5. The defence case as is evident from mode of cross-examination as well as statement recorded under Secti

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