NAVANITI PRASAD SINGH, J.:–These two appeals by the three appellants arise from the judgment of conviction and order of sentence dated 12th May, 1992 passed in Sessions Trial No 301 of 1987 by the Additional Sessions Judge X, Ara. Appellant Dinanath Singh has been found guilty for offence punishable under Section 302 of Indian Penal Code (IPC) and Section 27 of the Arms Act. He has been sentenced to life imprisonment and rigorous imprisonment for one year respectively for the two derelictions but the sentences are to run concurrently. Appellant Parmeshwar Singh has been convicted under Sections 302/307/148/149 and 379 of IPC. He has further been convicted under Section 27 of the Arms Act. He has been sentenced to various terms for various offences as aforesaid upto rigorous imprisonment for life. Appellant Parmeshwar Singh @ Ahir has been sentenced under Sections 302/307/149/379 of IPC and has been awarded various sentences upto rigorous imprisonment for life. The sentences are to run concurrently.

2. Heard Ms Shama Sinha, the learned Amicus Curiae appointed by this Court and Shri Ajay Mishra, learned APP at length and perused the records.

3. It may be noted here that initially the trial, upon chargesheet and cognizance and consequential committal, was of four persons that is the three appellants and one Ramanuj Singh who is the father-in-law of appellant Dinanath Singh. Ramanuj Singh died during trial itself. Accordingly, the remaining three were tried and have been convicted. Hence, the appeal by them.

4. The prosecution case is based upon the Fardbayan of Jagarnath Singh (PW 9) as recorded at the State Dispensary, Piro by Nasrullah Khan who is Sub Inspector (SI) of Police of Piro Police Station (PS) and is also the Investigating Officer (IO). The Fardbayan is recorded at 2.30 pm on 24.05.1985. In the Fardbayan, it is alleged that, as usual, the informant, alongwith his son Surendra Singh (victim), had come to his mango orchard to look after it. At about 12.30 in the afternoon, about 12 to 13 persons which included the three appellants and Ramanuj Singh came on a tractor. Ramanuj Singh and Dinanath Singh were carrying double barrel guns. Parmeshwar Singh @ Ahir was carrying a country made pistol and others were also carrying rifle and guns and some had lathi. They all came in the tractor and came down from it and started plucking mangoes. A quarrel started on which Ramanuj Singh, who happens to be the son-in-law of informant’s related grandfather stated that he also had a share in the property and they should allow him to pluck mangoes otherwise he would kill everybody. In course of the quarrel, Ramanjuj Singh then fired from the double barrel gun which hit Jogender Singh on the chest. Then Dinanath Singh fired from his double barrel gun injuring Surendra Singh on the chest and neck. Hearing the altercations and firing, a villager Chand Govind Singh (PW 8) came on which Parmeshwar Singh @ Ahir fired from his country made pistol which caused injury on the body of Chand Govind Singh (PW 8) who fell down. The informant hid behind a tree to save his life upon which Ramanuj Singh again fired but did not hit the informant as the bullets struck the tree behind which he hid himself. Upon hearing the firing and altercations, large number of persons including Barmeshwar Singh (PW 7) came and saw the entire incident. Seeing these people, the accused climbed on the tractor and left. As both the informant’s sons were injured as well as Chand Govind Singh (PW 8), they were carried to the State Dispensary, Piro where Surendra Singh died. Jogender Singh, being critical, was referred to Ara for treatment. Chand Govind Singh (PW 8) was being treated at State Dispensary, Piro itself. This Fardbayan was recorded at 2.30 pm and subsequently it was sent to Piro PS where it was registered as a First Information Report (FIR) allegedly at 4 pm on 24.05.1985 but it is received in the Court of Chief Judicial Magistrate, Ara on 27.05.1985. Upon the Fardb

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