Shailendra Singh, J. – Heard the parties.

2. All these three appeals have arisen out of the same judgement hence, they are being decided together by a common judgement.

3. These appeals have been preferred against the judgement of conviction dated 25.03.2021 and order of sentence dated 26.03.2021 passed by learned Fast Track Court-I, Bhabua in Sessions Trial Case No. 205/ 2008, arising out of Adhaura P.S. Case No. 32/ 2004, whereby the appellant, Mewalal Kharwar has been convicted for the offences punishable under section 302 of the Indian Penal Code (in short IPC) and under Section 27 of Arms Act and sentenced to undergo life imprisonment with a fine of Rs. Two lacs for the offence punishable under Section 302 of the IPC and in default of payment of fine, to further undergo simple imprisonment of one year and for the offence under Section 27 of Arms Act he has been sentenced to undergo rigorous imprisonment of five years with a fine of Rs. 20,000/- and in default of payment of fine, to further undergo simple imprisonment of six months. The other appellants have been convicted under Section 302 with the aid of section 120B of the IPC and sentenced to undergo life imprisonment with a fine of Rs. Two lacs and in default of payment of fine, they have been directed to undergo simple imprisonment of one year.

4. The appellants stood charged for the offences punishable under Sections 147, 148, 149, 302 read with Section 120B of the IPC and under Section 27 of Arms Act and also under section 17 of Criminal Law Amendment Act (in short CLA Act).

Prosecution story

5. The substance of prosecution’s story is as follows: –

As per informant, father of the deceased, on 19.11.2004 his son named Avraj Yadav @ Anraj Yadav was going from his house to attend the Chhath festival in the southern side of his house and he (informant) also started going behind him to attend the Chhath festival, then in the lane in front of the house of Prakhand Pramukh, Ramjag Kharwar, his co-villagers, Mira Yadav @ Ram Rup Yadav, Indradev Yadav, Lalmuni Baitha, Lallu Singh, Laxmi Singh and Kedar Yadav were warming themselves sitting around the bonfire and 8-10 persons, who were in police uniform and having rifles and guns, were also standing there. The informant further alleged that as soon as his son proceeded in southern side and he was at the distance of a few Gaj from his covillagers and others then the persons, who were warming themselves around the bonfire, revealed the identity of his son and also asked to kill him and then the armed persons caught hold of his son and took him towards near a Banyan tree where Chhath festival was being celebrated and thereafter one person rang a whistle then 20-25 persons armed with rifles and guns wearing black dress and police uniform came there and they threatened the villagers to kill them if anyone of them opposed and they revealed themselves as members of the Peoples War Group. The informant further alleged that among the extremists, one Mewalal Kharwar (appellant), was the leader and on his indication the other extremists tied the hands of his son from behind and they took him towards a hill situated in southern side and then the villagers also started following them. The informant further stated in his F.I.R. that near Patai hill the accused/ appellant, Mewalal Kharwar fired several bullets on the chest of his son by using rifle which caused the death of his son on the spot, thereafter all the extremists went away towards southern side and amongst them Musa Mian, Binod Singh, Bihari Uraon, Ghamadi Uraon, Ibrar Mian, Sunder Singh and Raj Kumar Singh were identified by him.

6. The informant recorded his Fard Bayan giving the details of the above mentioned occurrence and on that basis, the F.I.R. was registered against 14 accused persons and some other unknown and trial of five accused persons was separated and the present appellants faced trial jointly in the Sessions Trial Case No. 205/ 2008 in which the impugned judgement of