Pritinker Diwaker, J.

Since the above four criminal appeals and acquittal appeal arise out of the common judgment passed by Second Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.343/04, the same are being disposed of by this common judgment.

2. Appellants in Criminal Appeal Nos.406/07, 408/07, 580/07 & 460/08 have challenged their conviction under Sections 302/149, 147 and 148 of Indian Penal Code (for short 'IPC') and section 27 of the Arms Act being sentenced with life imprisonment along with fine of Rs. 1000/-, R.I. for two years along with fine of Rs. 500/-, R.I. for three years along with fine of Rs. 500/- and R.I. for three years along with fine of Rs. 500/- respectively with default stipulations. The acquittal appeal is filed to challenge the acquittal of respondents Sakleshwar Pandey and Chintu Goyal @ Nishant Goyal.

3. The case of prosecution is this, that deceased Nirmal Baghel had some previous animosity with the appellants and the acquitted accused persons on account of some previous quarrel between them. On 24.08.04 at about 10:30 p.m. in the night deceased Nirmal Baghel along with his friend Anil Rao PW-6 was standing in the street and smoking a cigarette. Acquitted accused ASI Sakleshwar Pandey and appellant Sakti Pandey came there on a motorcycle. Acquitted accused ASI Sakleshwar Pandey was armed with a revolver and was in civil dress. At the same time, respondent/acquitted accused Chintu Goyal along with appellants Raghu and Amit came on the spot on another motorcycle and appellant Ajju @ Ajay and Narendra also came on another motorcycle on the same spot. Appellant Amit was hiding a sharp edged weapon, acquitted accused Chintu Goyal engaged in conversation with deceased on the matter of previous quarrel between them. Deceased was trying to appease them by saying that he does not want to have any quarrel with them. In the meanwhile, appellants and other accused persons started assaulting the deceased. At the same time, acquitted accused ASI Sakleshwar Pandey took out his revolver and shot on the chest of Nirmal Baghel, Chintu Goyal also shot deceased with a country-made firearm. Appellant Amit used the sharp weapon to assault the deceased causing him injury and one of the appellant used a gupti to assault the deceased. Deceased fell down on the ground and died on the spot. Deceased Nirmal Baghel was taken to Maharani hospital, Jagdalpur where doctors declared him, dead.

4. Anil Rao PW-6 gave information of this incident to father of deceased Mangal Ram Baghel PW-1, who immediately lodged FIR in P.S.- Bodhghat, District-Jagdalpur on 25.08.2004 at 00:10 a.m. Offences under Sections 147, 148, 149 & 302 of IPC and section 25 and 27 of the Arms Act were registered. On the basis of information given by Mangal Ram Baghel PW-1, morgue intimation Ex.P/2 was also recorded on 25.08.2004, at 00:15 a.m. Inquest of the dead body of deceased was conducted vide Ex.P/3.

Dr. K.K. Nag PW-5 conducted the postmortem on the dead body of the deceased. He opined vide his report Ex.P/20 that all the injuries caused to the deceased were anti-mortem in nature and death resulted due to coma because of excessive haemorrhage. At the instance of appellant Raghu Ram vide his memorandum Ex.P/8, two numbers of live cartridge of 0.303 bore were seized from his possession vide Ex.P/9. At the instance of appellant Ajay vide his memorandum Ex.P/10 a banda of iron (cutting tool) was seized from his possession vide Ex.P/11. At the instance of appellant Amit Rai vide his memorandum Ex.P/12 a sword-made of iron was seized from his possession Ex.P/13. At the instance of appellant Nagrendra vide his memorandum Ex.P/14 a country-made firearm loaded with a one round live cartridge of 0.303 bore and another live cartridge of 0.315 bore was seized from his possession vide Ex.P/15. At the instance of Shakti Pandey vide his memorandum Ex.P/16 a country-made firearm loaded with one round cartridge and three numbers of live cartridge of 0