Vipul M. Pancholi, J.—Both the appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 24.05.2018 and order of sentence dated 25.05.2018, passed by the court of F.T.C.-1st., Khagaria in Sessions Case No.170 of 2015, Trial No.409/2017, arising out of Alauli P.S. Case No.103 of 2015, G.R. No.1182 of 2015, whereby the court has convicted the appellants for the offences punishable under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and they have been sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (Rs. Ten Thousand only) each for the offence punishable under Sections 302/34 of the Indian Penal Code and in default of payment of fine, the appellants have to undergo S.I. for a period of one year. The appellants are further sentenced to undergo R.I. for five years for the offence punishable under Section 27 of the Arms Act. Both the sentences have been directed to run concurrently.

2. The factual matrix of the present case is as under:—

2.1. Fardbeyan of Pramod Ram came to be recorded on 07.05.2015 at 13:00 hours at village Larhi wherein the informant has stated that on 07.05.2015 at about 08:30 in the morning, he was sitting near the Communist Party branch office in his village Lahri. His mother Bhago Devi was also sitting next to him. Just then, six persons, namely, Daso Yadav, Rajo Yadav, Amar Yadav, Lalo Yadav, Raban Yadav and Suresh Yadav came from the north on two motorcycles. Getting down from the motorcycle, Daso Yadav and Rajo Yadav asked his mother, "Netaji how are you?" Suddenly all six accused persons took out their weapons and started firing indiscriminately. All the accused fired several bullets on his mother's head and body. His mother fell down there and died. When he ran to save his life, two bullets were fired at him too but he escaped. After killing his mother, all the accused fled on their motorcycles towards north. While running away, about ten bullets were fired by the accused. He is sure that murder of his mother has been conspired by all the above accused besides Jai Jairam Yadav, Sandeep Yadav and Subhash Yadav alias Lambu. The reason for murder of his mother is that his mother was the informant and eyewitness of Alauli P.S. Case No. 220/13 in which Sukhdev Ram, a leader of C.P.I., Alauli was murdered. The above-mentioned accused were also involved in this case. His mother was murdered with the aim of destroying evidence. Apart from him, his son Rajesh Kumar and Bhuneshwar Ram son of late Gali Ram and his sister Kari Devi, wife of Bhuneshwar Ram, have also witnessed this incident.

2.2. After registration of the formal FIR on the basis of the aforesaid fardbeyan, the Investigating Agency started investigation. During course of investigation, the Investigating Officer recorded the statement of the witnesses, collected the documentary evidence and thereafter filed charge-sheet against the appellants.

2.3. As the case was exclusively triable by court of sessions, the learned Magistrate committed the same under Section 209 of the Code to the concerned sessions court where the same was registered as Sessions Case No.170/2015.

2.4. During course of trial, the prosecution has examined 8 witnesses, namely, PW-1, Pramod Ram, PW-2, Bhubaneshwar Ram, PW-3, Karo Devi, PW-4, Ashok Ram, PW-5, Suresh Sada, PW-6, Mukesh Kumar, PW-7, Umashankar Rajak and PW-8, Dr. Md. Gulsanobar. Thereafter further statement of the accused under Section 313 of the Code came to be recorded. After conclusion of the trial, the Trial Court convicted the appellants, as stated hereinabove.

3. Heard Mr. Rajesh Kumar Singh, learned Senior Advocate, assisted by Mr. Shekhar Kumar Singh for the appellants, Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State as well as Mr. Lakshmi Kant Tiwary, learned counsel appearing on behalf of the informant.

4. Mr. Rajesh Kumar Singh,