Rajiv Roy, J. – The appellants are aggrieved by the order and judgment dated 24.9.2016 and the sentence dated 27.9.2016 passed by the learned IVth Additional Sessions Judge, Bhojpur Arrah in Sessions Trial No. 280 of 2014 (in connection with Piro P.S. Case No. 40 of 2014) by which the appellants Gauri Shankar Choudhary (Cri. Appeal No. 1181 of 2016) Hari Choudhary and Manoj Choudhary (Cri. Appeal No. 1190 of 2016) have been held guilty under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs. ten thousand and further Gauri Shankar Choudhary has been held guilty under Section 27 of the Arms Act and sentenced to undergo Rigorous Imprisonment for two years and fine of Rs. 2,000/- and in default imprisonment of six months has been ordered. All the sentences have been directed to run concurrently.

2. The prosecution story as it unfolds in the FIR is/are as follows: –

(i) Chano Devi @ Chano Kunwar, wife of the deceased Ram Chandra Singh alleged that in the night of 12.2.2014, she was sleeping in the ‘Dalan’ while her husband was sleeping in the ‘Verandah’. On the barking of the dog, the couple woke up and saw that appellant Gauri Shankar Choudhary alongwith Lal Babu Choudhary, Dev Murat Choudhary are climbing roof with the help of bamboo while appellants Hari Choudhary and Manoj Choudhary as also Lallan Choudhary, Brahmdeo Choudhary are standing in front of the house. Further, on the enquiry made by her husband, Hari Choudhary exhorted to kill him as they have been identified. On this, Gauri Shankar Choudhary opened fire by country made pistol, hitting the left side of husband’s stomach;

(ii) due to sound of firing, as villagers rushed, the accuseds retreated. The accuseds were also identified by her son, Sunil Kumar as also some other villagers. Her husband, Ram Chandra Singh was rushed to Primary Health Centre, Piro and thereafter to Sadar Hospital, Arrah where he succumbed to his injuries. The reason was old dispute and the accuseds had threatened to settle the same or to face dire consequences;

(iii) this statement made by the Informant, Chano Kunwar (P.W. 7) at Sadar Hospital, Arrah led to the registration of Piro Case No. 40 of 2014 on 13.2.2014 at 12:30 P.M. (the fardbeyan having been recorded at 8:15 A.M. on 13.2.2014).

3. The police investigated the matter and having found the case true against the accused persons submitted charge sheet on 11.7.2014 under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act vide charge sheet no. 156 of 2014. Thereafter cognizance was taken in the matter and the charges framed against Gauri Shankar Choudhary, Hari Choudhary, Manoj Choudhary, Lallan Choudhary, Lal Babu Choudhary, Dev Murat Choudhary and Nanhu Choudhary on 20.1.2015.

4. The accused persons were examined on 12.8.2016 under Section 313 of the Cr.P.C. in which they claimed their innocence necessiating the Trial.

5. The prosecution put forward the following witnesses: –

P.W. 1 - Sunil Kumar , son of the deceased

P.W. 2 - Dr. Jitendra Nath Mishra

P.W. 3 - Satya Narayan Singh

P.W. 4 - Rajesh Ranjan @ Raju Singh

P.W. 5 - Chandrama Singh

P.W. 6 - Pappu Kumar

P.W. 7 - Chano Devi @ Chano Kunwar (Informant and wife of the deceased)

P.W. 8 - Sidhnath Sharma

6. The following documents were exhibited: –

Ext. 1 - Signature of Sunil Kumar on seizure list.

Ext. 2 - Post-mortem Report

Ext. 3 - Signature of Rajesh Ranjan on the ‘fardbeyan’.

Ext. 3/1 - Inquest Report

Ext. 4 - the Inquest Report having signatures of Rajesh Singh and Chandrama Singh

Ext. 5 - the Inquest Report

Ext. 6 - the signature of the S.P. Officer-in- Charge, Tarun Kumar on the ‘fardbeyan’.

Ext.6/1 - the signature of Constable Santosh Kumar on the F.I.R.

Ext.7 - Sidhnath Sharma, Chandrama Singh and Sunik Kumar Singh’s signature on the seizure list.

Ext. 8 - Signature of Sidhnath Sharma on charge sheet.

Ext. 9 - FSL Report No. 1697/2014 dated 26.11.2015.

7. P.W. 1, Sunil Kumar is son of the deceased. He d