Ashutosh Kumar, J. – Both the appeals have been heard together and are being disposed of by this common judgment.

2. We have heard Mr. Gouranga Chatterjee, the learned Advocate for the appellants and Ms. Shashi Bala Verma, the learned APP for the State.

3. The appellants have been convicted under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act and have been sentenced to undergo R.I. for three years, to pay a fine of Rs. 10,000/- and in default of payment of fine, to further suffer R.I. for One year under Section 302/34 of the IPC and R.I for five years, to pay a fine of Rs. 5,000/- and in default of payment of fine, to further suffer R.I. for six months under Section 27 of the Arms vide judgment of conviction and order of sentence dated 09.09.2015/ 10.09.2015 respectively, passed by the learned 6th Additional Sessions Judge, Gaya in Sessions Trial No. 48/2014 /505/2012 arising out of Khijarsarai P.S. Case No. 67 of 2012. All the sentences have been directed to run concurrently.

4. Both the appellants are alleged to have killed Murari Sharma, the brother of informant (PW8)

5. Appellant/Mamta Devi in Cri. Appeal (DB) No. 1019 of 2015 is the wife of the deceased/Murari Sharma whereas Pramod Kumar Sharma (appellant in Cri. Appeal (DB) No.1021 of 2015) is touted to be the paramour of Mamta Devi.

6. As the allegation stands, Mamta fired at the deceased; whereafter Pramod gave a knife blow below the right eye of the deceased and escaped from the roof-top where the murder was committed. Shortly thereafter, the elder brother of the deceased arrived and saw the deceased lying unconscious in a pool of blood. The daughter of the deceased/Khusbhu (PW-5) sat there, crying and mortified.

7. The FIR was got registered by the aforenoted elder brother/Raj Kumar Sharma (PW-8) against unknown. He has alleged in the FIR that in the night intervening between 30th and 31st of May 2012, at about 12:30 A.M., he heard a sound of firing. After awaking from his sleep, he shouted and raised alarm. In the meantime, he heard Mamta speak out from window of her room that somebody had fallen down. PW-8 was surprised to hear Mamta as he had clearly heard the sound of firing. He immediately went to the roof-top of the house of the deceased, where he found the deceased having received gun shot injury on his chest and an injury by knife below his right eye. Neither he nor Mamta, according to the fardbeyan, had seen the assailant.

8. However, PW-8 in his FIR has stated that no sooner would he get any information about the assailant, he would inform the investigating agency. This fardbeyan was recorded at about 4:30 A.M. on 31.05.2012 at the house of the deceased by the S.I. Pappu Kumar of Khijarsarai Police Station in the District of Gaya. Be it noted that aforesaid Pappu Kumar has not been examined at the Trial. The FIR but has been proved by the I.O. namely, Subhash Chandra Prasad (PW-9).

9. The sheet-anchor of the prosecution case is the deposition of Khusbu Kumari, the daughter of the deceased, who has been examined as PW-5. At the time of deposing before the court, she was 14 years of age. She has supported the prosecution case that on 30.05.2012, she was sleeping on the roof-top along with her parents. At the time when she got up after hearing the sound of firing, she remembered that Mamta was taking a walk on the roof-top. When she was awakened by the sound of firing, she found Mamta pointing a weapon at the chest of her father and Pramod was continuously assaulting him by a knife. Thereafter, it has been alleged by PW-5 that Pramod took away the pistol from the hand of her mother and escaped from the rooftop. It was only then that Mamta had shouted that somebody had fallen down.

10. Her uncle, Raj Kumar Sharma (PW-8), who resided in the neighborhood, was surprised at her mother shouting that somebody had fallen down. PW-8 immediately came to the roof and shortly thereafter other persons of the village also arrived. In the meantime, Mamta had