Mohit Kumar Shah, J.

The present appeals were preferred against the judgment of conviction and sentence dated 07.05.1993 and 10.05.1993 respectively passed in Sessions Case No. 116 of 1990 by the learned 4th Additional Sessions Judge, Begusarai (Arising out of Begusarai Muffasil P.S. Case No. 174 of 1987). By the said judgment, the appellant No.1 of Cr. Appeal (DB) No. 270 of 1993 (Anil Singh) was held guilty for the offences punishable under Section 302/34 and Section 307 of the Indian Penal Code and section 27 of the Arms Act and so far as the appellant No.2 Sumangal Chodhary is concerned, he was held guilty for the offence punishable under Section 302/34 of the Indian Penal Code. Both the appellants were sentenced to undergo R.I. for life for the offence punishable under Section 302/34 of the Indian Penal Code and as far as appellant no.1 is concerned, he was sentenced to undergo R.I. for life for the offences punishable under Section 307 of the Indian Penal Code and R.I. for a period of five years for the offences punishable under section 27 of the Arms Act. As far as appellant of Cr. Appeal (DB) No. 287 of 1993, namely, Dhrub Singh is concerned, he was held guilty for offence under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act and was sentenced to undergo R.I. for life for the offence punishable under Section 302/34 of the Indian Penal Code and RI for a period of five years for the offence punishable under section 27 of the Arms Act. The sentence of appellants Dhrub Singh and Anil Singh was directed to run concurrently.

2. Short facts of the case is that on the basis of fardbeyan of the informant, namely, Sukhdeo Chaudhary son of late Adhik Choudhary, an FIR vide Begusarai, Muffasil P.S. Case No. 174 of 1987 was registered on 07.11.1987 for the offences under Sections 324, 304, 302/34 of the Indian Penal Code and section 27 of the Arms Act. It was alleged by the informant that on 07.11.1987 at about 2 PM in the day his son Anil Choudhary was sleeping on a Machan near the Dhala. In the meantime, the informant was coming towards his house and when he reached near his house, he saw that Dhrub Singh son of Ram Kishun Singh and Sumangal Choudhary son of Shivji Choudhary had come at the Machan from the side of temple and had caught hold of his son Anil Choudhary and dragged and taken him towards the southern side of the Dhala. From the southern side other accused persons, namely, Rajendra Singh Singh son of Ram Kishun Singh, Uchit Singh, Anil Singh and Sudhir Singh son of Rajendra Singh also went there and took the son of the informant towards the southern side where the pitch road is situated. After taking the son of the informant there, scuffle started taking place between him and the accused Dhrub Singh as well as Sumangal Choudhary. In the meantime, Dhrub Singh took out a pistol from his waist and shot fire at the son of the informant in his chest. The informant was at a distance of 50 yards and upon hearing the sound of gun shot, he started making hulla, where after, all the accused persons pushed the son of the informant in a ditch, full of water, situated towards the western side of the road. The informant had then quickly gone there to pick up his son, whereupon the accused Anil Singh had fired on him from the pistol being held in his hand, but the informant had ducked and the bullet had gone past scrapping his nose. The informant had got injured and fell down near the ditch. Upon hulla the neighbours, namely, Ramdeo Choudhary, Sunil Choudhary (PW 3), Shyam Singh and some other people arrived there and had witnessed the occurrence, thereupon the aforesaid accused persons started fleeing towards Akashpur village. The informant had then taken out his son Anil Choudhary from the ditch with the help of the people present there and saw that his son was senseless. The son of the informant was then immediately taken to the hospital at Begusarai on a Jeep where the doctor declared him dead. The