Jitendra Kumar, J.—All the appeals have been taken up together as they have been preferred against the same impugned judgment of conviction and order of sentence dated 03.09.2019 and 04.09.2019 respectively, passed by learned 2ndAdditional District and Sessions Judge-, Vaishali at Hajipur, in connetion with Sessions Trial No. 10 of 2018 + 452 of 2017, CNR No. BRVA010017112017 arising out of Jurawanpur P.S. Case No. 34 of 2017, whereby all six appellants have been found guilty under Sections 302/34, 341/34 and 452/149 of the Indian Penal Code and Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.50,000/- each under Section 302 of the Indian Penal Code. All the appellants have been further sentenced to undergo rigorous imprisonment for four years under Section 452/149 of the Indian Penal Code. They have been further sentenced to undergo rigorous imprisonment for one month under Section 341/34 of the Indian Penal Code. In addition to the aforesaid sentences, all the appellants have been further awarded four years rigorous imprisonment under Section 27 of the Arms Act. It was further directed that in case of default to pay the fine of Rs. 50,000/- by the appellants each, all the appellants would be required to undergo an additional rigorous imprisonment for six months. All the sentences have been directed to run concurrently. By the order of sentence, ninety percent of the fine has also been directed to be paid to the successors of the deceased persons in equal proportion as compensation.

Prosecution case

2. The prosecution case as emerging from the fardbeyan of the informant/Santosh Rai as recorded by A.S.I. Sushil Paswan of Jurawanpur Police Station on 19.06.2017 at 13:05 O’ clock at the door of Santosh Rai is that when the informant was digging out soil from his agricultural field situated to the south and east, the appellant/Shiv Chandra Rai came with farsa in his hand and with intent to kill him, he assaulted him with farsa whereupon he fled away leaving the soil and soon thereafter, at 08:30 O’ clock, he gave information to the Police Station and came to his village. When the informant was with his family members at about 12:30 O’ clock, the appellants, viz., Munaki Rai, Vijay Rai, Ajay Rai, Shiv Chandra Rai, Subodh Rai and Uma Shankar Rai, all of whom were carrying country made pistols and Dasa Rai came at his home. The accused Dasa Rai exhorted the appellants to shoot the family of the informant dead. Whereupon, the appellant/Vijay Rai fired at his father Bhagwat Rai causing injury on the right side of his chest. Consequently, his father fell on the place of occurrence after getting injured. Later on, he died on the place of occurrence itself. In the meantime, the nephew of the informant, namely, Mithilesh Rai came out from his home, whereupon, Munaki Rai, who was carrying country made pistol, fired at him, causing injury in his stomach. Appellant/Shiv Chandra Rai also fired at his nephew. In the meantime, Subodh Rai, Uma Shankar Rai, Ajay Rai also fired by their country made pistol at his brother Anil Rai causing injury in his left hand. Seeing the firing, the informant fled away raising his voice to save his life and informed the police. All the accused persons fled away directing the informant to leave the village failing which his whole family was threatened to be finished. This occurrence had taken place on account of land dispute. His nephew died en-route to hospital for treatment.

Factual Background

3. On the basis of the fardbeyan of the informant, Jurawanpur P.S. Case No. 34 of 2017 was registered on 19.06.2017 against seven named accused persons including the appellants herein for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506, and 452 of the Indian Penal Code and Section 27 of the Arms Act.

4. After investigation, first charge-sheet bearing no. 43 of 2017 dated 19.06.2017 was submitted against five accused persons, who ar