The main legal point established is the reliance on consistent eyewitness testimonies, medical evidence, and the presence of a motive to establish guilt beyond reasonable doubt.

MADHURESH PRASAD, J.

1. Both the appellants have been held guilty under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act in a trial conducted by learned Adhoc Additional District and Sessions Judge, Saran at Chapra in Sessions Trial No. 777 of 2010 vide judgment of conviction dated 25.02.2013 and vide order of sentence dated 28.02.2013, sentenced them to suffer rigorous imprisonment for life with fine having default clause. Separate sentence of 03 years rigorous imprisonment was imposed under Section 27 of the Arms Act. The appellants taking exception to the said judgment of conviction and order of sentence have filed the present appeal.

2. The factual background as unraveled at the trial, in brief, is that the victim Manoj Kumar was staying with the informant (PW-9). On 17.09.2009, he had gone to village home. On 18.09.2009, when he was returning from the village home in the district of Saran on a motorcycle, accused riding on a motorcycle overtook him and fired at the victim. The victim, however, managed to reach the nearby bazar at a distance of nearly 500 yards where some of the witnesses were present and information was given to the informant about the incident. The victim was thereafter carried on vehicle and brought to P.M.C.H. Patna (for short the hospital) by PW-6 and one Subhash Singh. In the meantime, the informant also reached the hospital. The victim was given medical assistance inasmuch he was operated upon in the night of 18.09.2009. The following day, in the morning, the victim, however, succumbed to the injuries. PW-12, on being instructed by PW-11, the officer-in-charge of the Garkha Police Station, had reached the hospital in the night of 18.09.2009 itself. After the death of the victim, the fardbeyan of PW-9 (Ext.4) was recorded on 19.09.2009 at 10.30 a.m. in the hospital itself. The inquest proceeding was carried out in presence of PWs. 4 and 6. The dead body was dispatched for autopsy. PW-8 conducted the post mortem on the cadaver on 19.09.2009. The post-mortem report submitted by him is Ext.3. PW-12 after recording the fardbeyan and preparing the panchnama of the dead body of the victim came back to Garkha Police Station whereafter a formal F.I.R. (Ext.5) was drawn which ensued investigation. In course of investigation, PW-11 visited the place of occurrence, recorded the C.D. statement of the witnesses and obtained the post-mortem report (Ext.3) and finding the accusations true, charge-sheet was laid by PW-10, who had, by then, taken over as the Officer-in-charge of the Police Station. The case was committed to the Court of Session and, on transfer, the same came on the file of learned Trial Judge where charges were framed, read over and explained to the appellants to which they pleaded not guilty and claimed to be tried. The defence of the accused-appellants was complete denial of their complicity in the crime. They set up a plea of false implication due to old land dispute between them.

3. In order to bring home the guilt, the prosecution examined 12 PWs. PW-1 (Shiv Shankar Singh) is a distant relative (father-in-law) of the informant. He was during the relevant time at the bazaar when the victim managed to reach there after having received fire arm injuries. PW-2 (Manager Singh) is also one of the relatives of the informant who along with PW-3 (Sushil Singh) (brother-in-law of the informant) were travelling to Chapra and had seen assault on the victim at the hands of the appellants. PW-4 (Nagendra Singh) is uncle of the deceased and a hearsay witness. On hearing about the incident, he had gone to the hospital. He is also a witness to the inquest proceeding. PW-5 (Krishna Singh) is another uncle of the deceased. He has given the hearsay account of the occurrence. PW-6 Ram Nath Singh is another uncle of the deceased who, on getting information of the occurrence, reached the Chintawan Bazar and took the victim/injured to hospital with Subhash Singh (not examined). He is also one of