(Per: HONOURABLE MR. JUSTICE V.N. SINHA)

V.N. Sinha, J.-These three appeals are filed against the judgment and order dated 14.02.2008 passed by Additional Sessions Judge-XI, Patna in Sessions Trial No. 976 of 1999 whereby the three appellants, namely, Rajesh Ranjan @ Pappu Yadav, Anil Kumar Yadav and Rajan Tiwari have been convicted under Section 302 read with Section 120(B), 302/34, 302/34 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act respectively and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs.10,000/- each, in default of payment of fine to further undergo rigorous imprisonment for one year. Appellant Rajan Tiwary has been further directed to undergo rigorous imprisonment for seven years each for the offence under Sections 307/34 I.P.C. and 27 of the Arms Act. The sentences, however, has been directed to run concurrently.

2. Prosecution case as set out in the fardbeyan, Ext. 27 of Kalyan Chandra Sarkar, P.W. 8 recorded by Sri A.K. Jha, P.W. 56 Circle Inspector, Sadar Purnia at the residence of late Ajit Sarkar on 14.6.1998 at 17.45 hours is that informant came to the house of his brother Ajit Sarkar in the morning between 7-8 hours, was taking stroll outside the house of his brother at about 4.30 P.M.(16.30 hours) two comrades of his brother Masudan Rishi, P.W. 9 resident of Kaliganj and Lal Bahadur Rishi, P.W. 10 resident of Khakibari also joined him. While talking to the two comrades informant came ahead of Kali flour mill near the school he saw a motorcycle parked on the road. Near the motorcycle two persons (1) Jawahar Yadav, resident of Purnia and (2) Abdul Sattar, resident of Kaliganj were seen. Abdul Sattar signalled the car of his brother Ajit Sarkar coming from opposite direction to stop. The car stopped, by then (3) Diwakar Chaudhary 4) Pappu Dev came on motorcycle from the front, (5) Bipin Singh and 6-7 others variously armed also came in a car and resorted to indiscriminate firing. The two persons who signalled the car to stop also fired from rifle. Having seen the occurrence informant asked Masudan Rishi as to what is happening and raising alarm came back towards the village. The assailants escaped towards the N.H., the direction from which they had come. Meanwhile, many others also came and saw the assailants running away. Informant along with others went near the car and saw his brother Ajit Sarkar (2) Asfaq Alam of Mahmadia Estate (3) Hirendra Sharma, resident of Sausa Adampur dead, Bodyguard Ramesh Oraon seriously injured, who was taken to the hospital by the villagers. In the penultimate paragraph of the fardbeyan informant claimed that accused named in the fardbeyan conspired to kill his brother and others as also to grievously hurt the Bodyguard. In the last paragraph of the fardbeyan informant further stated that statement given by him has been read over, read and understood by him and having found the same to be correct put his signature over the fardbeyan in Hindi. Besides the informant fardbeyan has also been signed by Lal Bahadur Oraon, P.W. 10 and Bilin Chandra Sarkar (not examined) as witness of the fact that fardbeyan has been scribed by Inspector A.K. Jha, P.W. 56 on the statement of the informant. Sri A.K. Jha, P.W. 56 having recorded the fardbeyan forwarded the fardbeyan to Officer in Charge, Khajanchi Hat P.S. to institute a case under Sections 302/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act and took up the investigation. In the light of the fardbeyan Officer in charge, K. Hat P.S. registered K. Hat P.S. Case No.230/98 dated 14.6.1998 at 10 P.M. under Sections 302/34, 120(B) I.P.C. and Sections 27 of the Arms Act, Ext.31 stating that Inspector A.K. Jha has already taken up investigation of the case under order from S.P., Purnia. A.K. Jha having recorded the fardbeyan inspected the place of occurrence and found three empty cartridges of A.K.-47, which were seized by him vide seizure list Ext. 26. The inquest of