AMARESH KUMAR LAL, J.:–This appeal has been preferred by the appellant Ajit Singh and his father Shiv Nath Singh against the judgment of conviction dated 19.10.2005 and order of sentence dated 21.10.2005 passed by the learned 6th Additional Sessions Judge, Patna in Sessions Trial No. 105 of 2003 by which the appellant no. 1 Ajit Singh has been convicted and sentenced to imprisonment for life under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and further sentenced to rigorous imprisonment for three years under Section 27 of the Arms Act. Both the sentences of Ajit Singh have been ordered to run concurrently. The appellant no. 2 Shiv Nath Singh has been convicted under Section 302/34 IPC and sentenced to rigorous imprisonment for life.

2. According to fard beyan (Ext. 1) of the informant Umeshwar Prasad Sharma (P.W. 4) the prosecution case is that on 18.6.2000 at about 6.30 p.m. his nephew Shriram Singh (deceased) and he had gone to purchase cell of torch from a shop of the village. While they were returning to their house, near the Dalan of Nunu Singh Ajit Singh (appellant no. 1), Niraj Singh, Gajendra Singh (both absconding), and Shivnath Singh (appellant no. 2) surrounded his nephew Sriram Singh, Niraj Singh and Gajendra Singh caught hold of him. In the meantime Shivnath Sigh instigated to shoot him. Thereafter, Ajit Singh shot fire at Sriram Singh which hit in his chest and he succumbed to the injuries there. The inmates of his house and the villagers rushed there and all the accused escaped making firing. This occurrence was witnessed by Deopari Devi (P.W. 2), wife of informant, Dharmendra Kumar (P.W. 1), Manoj Kumar (P.W.3) and others. It has been further alleged that Ajit Singh is a notorious criminal and there are dozens of cases pending against him. He has been released from jail on bail recently. The reason for occurrence is that in the year 1995 accused persons had demanded ransom from the members of his house for which the informant lodged Bikram P. S. Case no. 110 of 1995, 238 of 1996, and 279 of 1996 against Ajit Singh. Informant and others have also deposed in those cases. This fard beyan was witnessed by Dharmendra Kumar (P.W. 1), Manoj Kumar (P.W. 3) and Ram Binay Singh (P.W. 8).

3. On the basis of this Fard Beyan Bikram P. S. Case No. 108 of 2000 was instituted against the appellants, Niraj Singh and Gajendra Singh under Section 302 IPC and 27 of the Arms Act. After investigation charge-sheet was submitted against all the co-accused. The two accused Gajendra Singh and Niraj Singh are absconders. Charge under Section 302/34 IPC and 27 of the Arms Act was framed against the appellant no.1 Ajit Singh and charge under Section 302/34 IPC was framed against appellant no. 2 Shivnath Singh. Both of them denied the charge and claimed to be tried. The trial proceeded after trial both the appellants have been convicted and sentenced as aforesaid.

4. The defence of the accused is total denial of the prosecution case and they have been falsely implicated in this case due to previous grudge and enmity. It is also said that the prosecution as well as defence party are descendants of their common ancestor Bhulaki Singh and as yet no partition by metes and bounds have taken place. The residential house at Thakurbari Road patna is still joint between both the parties and in order to grab the same the accused have been falsely implicated in this case.

5. This Court is required to reappraise the evidence and to consider as to whether the prosecution has been able to substantiate its charge beyond shadow of all reasonable doubts or not.

6. The prosecution has examined following witnesses in support of its charge:- P. W. 1 Dharmendra Kumar, brother of the deceased, P. W. 2 Deopari Devi, wife of the informant, P. W. 3 Manoj Kumar, brother of the deceased, P. W. 4 Umeshwar Prasad Sharma, the informant and the uncle of the deceased, P. W. 5 Dr Arun Kumar who has held autopsy on the dead body of deceased Sri Ram Sing

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