JUDGMENT

Anil Kumar Sinha, J. - Criminal Appeal (DB) No. 135 of 2015 has been filed on behalf of the appellant Rajesh Yadav, Criminal Appeal (DB) No. 919 of 2014 has been filed on behalf of the appellants, namely, Dineshwar Yadav, Suresh Yadav and Kamta Yadav, Criminal Appeal (DB) No. 929 of 2014 has been filed on behalf of the appellant Ram Bihari Yadav, whereas Criminal Appeal (DB) No. 938 of 2014 has been preferred by appellant Raj Kumar Yadav. The appellants, in all these four appeals, were tried together, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, arising out of Barhara (Krishnagarh) Police Station Case No. 46 of 2007, and as such, all these four appeals have been heard together and are being disposed of by this common judgment.

2. By the judgment, dated 19.11.2014, passed, in Sessions Trial Nos. 460 of 2008, 462 of 2008 and 20 of 2012, by Sri Ram Padarath, learned 2nd Additional Sessions Judge, Bhojpur, at Ara, all the above named appellants stood convicted under Sections 147 and 302 read with Section 149 of the Indian Penal Code. Further appellant, Rajesh Yadav, was also convicted under Section 27 of the Arms Act. In consequence of their conviction under Section 302 read with Section 149 of the Indian Penal Code, the appellants were, by the order, dated 24.11.2014, sentenced to suffer rigorous imprisonment for life and fine of Rs. 50,000/- each. In default of payment of fine, the appellants were directed to further undergo simple imprisonment for a period of six months. In consequence of their conviction under Section 147 of the Indian Penal Code, the appellants were, by the order, dated 24.11.2014, sentenced to suffer simple imprisonment for a term of two years. In consequence of his conviction under Section 27 of the Arms Act, the appellant, Rajesh Yadav, was, by the order, dated 24.11.2014, sentenced to suffer rigorous imprisonment for a term of three years and fine of Rs. 1000/-. In default of payment of fine, the appellant Rajesh Yadav was directed to further undergo simple imprisonment for a period of two months. The sentences were directed to run concurrently.

3. The case of the prosecution, as unfolded by the informant, Pawan Kumar Singh (PW 6), in the fardbayan, recorded at Sadar Hospital, Ara, on 08.03.2007, at about 11 PM by Sub Inspector of Police Moti Choudhary, of Ara Town Police Station, in brief, is that

(i) about four days ago, Rajesh Yadav came to his house and went away after having a talk with his father, Parshuram Singh (deceased). It has further been stated by the informant that today (on 08.03.2007), at about 07:45 PM, Rajesh Yadav and Raj Kumar Yadav came to his house and sat in the veranda (dalan) of his house, where his father was also sitting on a wooden cot (chowki) and was taking his meal. Dineshwar Yadav, Kamta Yadav, Suresh Yadav, Ram Bihari Yadav and 4-5 other persons were also sitting on the ground outside the door of his house.

(ii) The informant further stated that at about 08:20 PM, on the exhortation of Raj Kumar Yadav to kill the father of the informant, Parshuram Singh, Rajesh Yadav took out a country-made pistol from his waist and fired upon the father of the informant. The bullet so fired by Rajesh Yadav hit the father of the informant on his chest.

(iii) The informant (PW 6) claimed that his brother Sanjay Singh (PW 1), Satyanarayan Singh (PW 3), Awadh Singh (not examined), Satyendra Singh (PW 4), Dhananjay Singh (PW 2), Shiv Ishwar Singh (not examined) and many other persons of his village came and saw the accused persons fleeing towards north after making firing.

(iv) The informant further stated that while taking his injured father to Sadar Hospital, Ara, his father died on the way to the hospital.

(v) The reason behind this occurrence, as disclosed by the informant, is the old land dispute.

4. On the basis of the said fardbeyan, a formal First Information Report has been registered as Barhara (Krishnagarh) Police Station Case No. 46 of 2007, under Sections 302/3