Chakradhari Sharan Singh, J.—The appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 29.05.2015 and the order of sentence dated 09.06.2015 passed by the learned 1st Additional Sessions Judge, Sitamarhi in Sessions Trial No. 377 of 2007/518/13 arising out of Sonbarsa P.S. Case No. 56 of 1994, whereby and whereunder the appellants have been convicted and sentenced as under:—

Appellant Pramod Rai in Criminal Appeal (DB) No. 628 of 2015

Appellant No. 1 Chandeshwar Rai in Criminal Appeal (DB) No. 648 of 2015

Appellant No. 2 Umesh Rai in in Criminal Appeal (DB) No. 648 of 2015

2. The fardbeyan of the informant Sitaram Rai (P.W. 6) led to registration of the concerned Sonbarsa, P.S. Case No. 56 of 1994 for commission of the offences punishable under Sections 147, 148, 149 324, 307 of the IPC, Section 27 of the Arms Act and Sections 3/4 of the Explosive Substances Act, 1908. As the victim died, Section 302 of the IPC was subsequently incorporated in the FIR under the Court’s Order. The prosecution's case as disclosed in the fardbeyan of the informant recorded at about 11:35 am before the Officer-incharge of the police station is to the effect that in the morning of 02.07.1994, the informant and his son were uprooting seeds for sowing millet. In the nearby land belonging to them, paddy seeds were sown. In the meanwhile, accused Ram Chandra Rai was seen taking his cattle through the middle of their paddy field which was objected to by his son Nagendra Rai (the deceased). He alleged in his fardbeyan that thereafter, the accused Ramchandra Rai abused him and entered into some altercation. Subsequently, at about 11:00 am when the deceased went to his house for bringing food for the labourers and was coming back with the food, the moment he reached near a tree on the road, accused Ramchandra Rai opened fire with his pistol causing fire-arm injury to the deceased sustained his right elbow. Thereafter, Pramod Rai (appellant in Criminal Appeal (DB) No. 628 of 2015) hurled a bomb causing injuries in the stomach of the deceased. Ramchandra Rai, again fired a shot with his pistol. Other accused persons namely, Gajendra Rai, Raj Kishore Rai, Chandeshwar Rai (Appellant no. 1 in Cr. App. No. 648 of 2015 and Umesh Rai (Appellant no. 2 in Criminal Appeal (DB) No. 648 of 2015) were standing there and when Ram Dayal Rai (a cousin of the deceased) attempted to save the deceased; on being exhorted by co-accused Gajendra Rai, Umesh Rai hurled a bomb on him. He, however, managed to escape. The genesis of occurrence, the informant disclosed in his fardbeyan, as some dispute between the parties over drainage of water for which a panchayati was also held nearly 10 days ago. It is also the prosecution’s case that fardbeyan of the deceased Nagendra Prasad Yadav was recorded on 02.07.1994 at about 11:55 PM by one J.K. Singh an Officer of Sonbarsa police station, in Sonbarsa hospital wherein he had stated that Ramchandra Rai had shot at him with an intention to kill him which shot had hit his right hand an