Ashutosh Kumar, J.—All the three appeals have been taken up together and are being disposed of by this common judgment.

2. We have heard Shri Ajay Kumar Thakur, the learned Advocate for the appellant /Jitendra Kumar @ Jitendra Choudhary @ Mithai in Cr. Appeal (DB) No. 435/2021; Mr. Prateek Kumar, Advocate for the appellant /Munna Tiwari in Cr. Appeal (DB) No. 297/2021; and Mr. Harsh Singh, Advocate for the appellant/Santosh Kumar Rai @ Raju Rai. Mr. Abhimanyu Sharma, the learned Additional Public Prosecutor has appeared on behalf of the State in all the three appeals.

3. The appellants have been convicted for the offences under Section 302/34 of the Indian Penal Code and Section 27(1) of the Arms Act by judgment dated 23.02.2021 passed by the learned Additional Sessions Judge -XI, Bhojpur at Ara in Sessions Trial No. 304 of 2016 arising out of Ara Town P.S. Case No. 253 of 2015. By order dated 03.03.2021, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs. 10,000/- for the offence under Section 302/34 IPC and imprisonment for a term of five years along with a fine of Rs. 10,000/- for the offence under Section 27(1) of the Arms Act. The sentences have been ordered to run concurrently.

4. The brother of the informant (P3), namely, Mukesh Yadav @ Vikki is said to have been shot dead by the appellants.

5. It is the illustrious case where the unprofessionalism of the police and prevaricating as well as mendacious depositions of the witnesses have provided a slam dunk to the appellants.

6. The informant/Lokesh Yadav (PW3) has lodged the First Information Report, which has been recorded by Satyendra Kumar Shahi (PW5), the I.O. of the case at 9.26 hours on 05.06.2015, alleging that on the same day at about 2.30 P.M. in the day, there was a brawl in the salon of one Dhananjay Pandit where appellant / Jitendra Kumar @ Jitendra Kumar Choudhary @ Mithai and one Munna Sonar (an absconder) had fought with aforenoted Dhananjay Pandit and his elder brother. After about an hour, appellant /Jitendra Kumar @ Jitendra Kumar Choudhary @ Mithai, aforesaid Munna Sonar and three others again came to the salon of Dhananjay Pandit and started pelting stones. Some of the stones hit the shutter of the mobile shop of PW3, which was being run under the name and style of ‘Mobile Museum’. Two of the employees of PW3, namely, Vikash Kumar Gupta and Satish Kumar objected, which led to an altercation with them as well. Vikash Kumar Gupta thereafter telephoned the deceased (Mukesh Yadav @ Vikki) and narrated about the occurrence to him. The deceased along with PW3 and a cousin of the deceased, namely, Sunny reached the mobile shop and interceded with the miscreants. The issue was pacified. Later, as the allegation in the F.I.R. goes, at about 5.45 P.M., about 5 -6 persons from different locality came near the shop of the deceased; talked amongst themselves and thereafter scarpered. At about 6.00 P.M. again, appellant / Jitendra Kumar @ Jitendra Kumar Choudhary @ Mithai, Munnar Sonar (an absconder ) and three others came at the mobile shop of the informant and Jitendra Kumar @ Jitendra Kumar Choudhary @ Mithai and Munna Sonar started firing indiscriminately. To save himself, PW3 hid himself behind the desk. The deceased was standing outside his shop along with Vikash Kumar Gupta. In the shop, Satish Kumar and Vinay Kumar were also present. The informant has further alleged that the appellant / Jitendra Kumar @ Jitendra Kumar Choudhary @ Mithai approached near the deceased and fired from his weapon from a close range. Thereafter, all the miscreants ran away. The victim was taken to local hospital at Ara, from where he was referred to PMCH for better treatment. While on the way to PMCH, the deceased succumbed to the injuries.

7. On the basis of the afore-noted fardbeyan statement, a case vide Ara Town P.S. Case No. 253/2015 was registered on 05.06.2015 for investigation for the offences under Sections 302/34 of the Indian Penal Code and Sectio