Prakash Chandra Jaiswal, J.

As both the aforesaid criminal appeals have cropped up from the same judgment and order of conviction and sentence, hence, they are taken up together for consideration and disposed of by this common judgment.

2. Heard Mr. Rajendra Narain, learned senior counsel assisted by Mr. Anant Kumar Sinha, learned counsel for the appellant (in Cr. Appeal (DB) No. 632 of 2013), Mr. Ankit Katriar, learned counsel for the appellant (in Cr. Appeal (DB) No. 506 of 2013) as well as Sri Ajay Mishra learned Addl. Public Prosecutor in both the appeals.

3. The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dated 08.05.2013 and order of sentence dated 14.05.2013 passed by learned 3rd Addl. Sessions Judge, Hilsa (Nalanda) in Sessions Trial no. 48 of 1998 arising out of Chandi (Tharthari) P.S. Case No. 114 of 1997 whereby the learned trial court convicted the accused Ranjeet Gope and Munna Gope for the offence punishable under Section 307/34 of the Indian Penal Code and further convicted Munna Gope for the offence punishable under Section 27 of the Arms Act and sentenced them to undergo R.I. for life and also slapped them with a fine of Rs. 5000/- each and in default of payment of fine to further undergo R.I. for two months under Section 307 of the Indian Penal Code and further sentenced convict Munna Gope to undergo R.I. for four years under Section 27 of the Arms Act. All the sentence were directed to run concurrently.

4. The factual matrix of the case is that Chandi (Tharthari) P.S. Case No. 114 of 1997 was initially instituted under Sections 341, 323, 307 of the Indian Penal Code and subsequently added with Section 302 of I.P.C. and Section 27 of the Arms Act against Ranjeet Kumar Gope and Munna Gope on the basis of fardbeyan of Kamlesh Gope S/o Lakhan Gope recorded by A.S.I. R.P. Singh of P.S. Pirbahore, District-Patna at emergency ward of P.M.C.H. Patna on 26.03.1997 at 12:45 hours with the allegation, in succinct that on 25.03.1997 at around 08:00 PM, while the informant was regressing to his house after defecation and arrived near the house of Sarjug Gope, in the meantime, Ranjeet Kumar Gope and Munna Gope abruptly emerged there and encircled him. Ranjeet caught him hold while Munna resorted firing upon him by means of pistol which hit left side of his neck. Sustaining bullet injury, he fell down on the ground. Responding hulla made by them and the firing sound, Sarjug Prasad, Agnu Gope and others rushed there then the accused persons left the scene. Thereafter, he fell senseless and regained sense on the way to the hospital. The informant is on litigation term with the accused persons since before.

5. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted chargesheet against Ranjeet Gope and Munna Gope under Section 302/34 of I.P.C. and Section 27 of the Arms Act.

6. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions, and after commitment and on transfer finally the case came in seisin of the learned 3rd Addl. Sessions Judge, Hilsa (Nalanda) for trial.

7. Charge against the accused Munna Gope was framed under Sections 302, 302/34 of I.P.C. and Section 27 of the Arms Act while charge against accused Ranjeet Gope was framed under Section 302/34 of the Indian Penal Code. Charge was read over and explained to them by the court to which they pleaded not guilty and claimed to be tried.

8. To substantiate its case, in ocular evidence, the prosecution has examined altogether seven prosecution witnesses namely, Agnu Prasad as PW-1, Sarjug Prasad as PW2, Ramadhin Prasad @ Ramadhin Yadav as PW-3, Chandrika Devi as PW-4, Lakhan Gope as PW-5, Dr. Aftab Kalim, who had examined the victim as PW-6 and A.S.I. Ramesh Prasad Singh, who had recorded the fardbeyan of the victim as PW-7. The prosecution has also fil