JUDGMENT

Ashwani Kumar Singh, J. - The appellants in these two appeals have challenged the common judgment of conviction dated 8th July, 2015 and the order of sentence dated 13th July, 2015 passed by the learned 7th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 384 of 2011.

2. By the aforesaid judgment dated 08th July, 2015, the appellants have been convicted for the offences punishable under Section 302/ 34 of the Indian Penal Code (for short 'IPC') and section 27 of the Arms Act.

3. After hearing the convicts on the point of sentence, vide consequential order dated 13th July 2015, the Trial Court sentenced them to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- each for the offence punishable under Sections 302/34 of the IPC and in default of payment of fine, to undergo imprisonment for an additional period of six months and rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- for the offence punishable under Section 27 of the Arms Act and in default of payment of fine, to undergo imprisonment for an additional period of one month. The trial court directed that both the sentences shall run concurrently.

4. The Sessions Trial, in which the impugned judgment and order were passed, relates to the First Information Report (for short 'FIR') that had been registered at 7:45 a.m. on 1st April 2010 in Rajpur Police Station under Section 154 of the Code of Criminal Procedure (for short 'CrPC') in respect of an incident that had occurred at about 4:00 p.m. on 31st March 2010 at Chitbisao situated at a distance of 18 kilometres from the police station.

5. The FIR, giving rise to the Sessions Trial, was registered on the basis of the fardbeyan of one Ramnath Singh Yadav, son of Ramayan Singh Yadav, which was recorded by Chandra Narayan Jha, Station House Officer (for short 'SHO') Rajpur Police Station on 31st March 2010 at 08:15 p.m.

6. In his fardbeyan, Ramnath Singh Yadav stated that on 31st March 2010 at about 4:00 p.m., he along with his brothers Umesh Singh Yadav (deceased), Rajesh Singh, Udit Narayan, nephew Jitendra Singh and mother Gangotri Devi had gone to the Ahar (canal) to bring the pump set machine. At that place, Anil Tiwari was sitting on a chowki from before and, at some distance, his co-villager Gupteshwar Sharma and Sudarshan Sharma were also sitting. When he and his family members went to the aforesaid place, Anil Tiwari started talking to him. He along with others brought the pump set near the Ahar and kept it at his residence. Thereafter, he again went to the field for some work. In the meantime, Anil Tiwari came armed with a gun and fired twice at his brother Umesh Singh Yadav causing injury to him as a result of which, he fell and succumbed. He ran away towards the place of occurrence, but in the meantime, Sudarshan Sharma fired from his country-made pistol, which fortunately did not hit anyone. Thereafter, Anil Tiwari, Sudarshan Sharma and Gupteshwar Sharma ran away towards village-Suara. He further stated that 3-4 days ago, his deceased brother Umesh Singh Yadav was coming from the south towards his house and when he reached near the house of Janardan Pandey, Pramod Pandey and Janardan Pandey who were standing there from before fired on him. His brother came running to his house. However, he did not disclose the incident to him nor did he file any written report in this regard. He stated that Anil Tiwari, a resident of village-Suara, used to visit the house of the accused persons quite frequently. He stated that a few months ago a child of the village was kidnapped. His co-villager Sudarshan Sharma was named accused in that case and was arrested by the police. Sudarshan Sharma and his brother always suspected that it was the deceased Umesh Singh Yadav, who was responsible for the arrest. He alleged that it was the motive for the killing of his brother Umesh Singh Yadav by the accused persons.

7. On the basis of the aforesaid fardbeyan of Ramnath Singh Yadav, Rajp