Kishore Kumar Mandal, J. – The appellants have assailed the judgment of conviction dated 25.5.2015, passed in Sessions Trial Case No.862 of 2008/Sessions Trial Case No. 358 of 2010, whereby the learned trial court held appellants no.1 and 2 guilty under sections 302/34 of the Indian Penal Code (herein after referred to as ‘the IPC’), whereas appellant no.3 was held guilty under section 302 IPC and section 27(1) of the Arms Act, 1959 (herein after referred to as ‘the Arms Act’). Vide order dated 29.5.2015 all the three appellants have been sentenced to undergo life imprisonment and a fine of Rs.5000/- each and in default of fine six months SI to each. Further, appellant no.3 has been sentenced to undergo three yeas RI for offence under the Arms Act and a fine of Rs.1000/- and in default of paying the fine, one month SI. For the sake of convenience, appellant Pankaj Yadav, Sunil Yadav and Pravesh @ Prabhash Yadav hereinafter shall be referred as the A-1, A-2 and A-3 respectively.

2. Occurrence had taken place on 5.2.2008 at 7 AM. The informant Lalbahadur Yadav (PW 4), who is brother of the deceased lodged the fardbeyan (exhibit 1) when PW 9, Sub-inspector of police, reached the spot.