SANJIV KHANNA, J.

1. The impugned judgment dated 10th March, 2000, convicts Devender, his mother Sardari Devi and his brother Anil @ Pappu under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Suman, sister-in-law of Devender. In addition, they have also been convicted for the offences under Sections 452 and 506 read with Section 34 IPC. Devender is also convicted under Section 27 of the Arms Act, 1959.

2. By order on sentence dated 16th March, the three appellants have been sentenced to undergo imprisonment for life, fine of Rs.5,000/- and in default of payment of fine, undergo rigorous imprisonment of one year for the offence under Section 302 IPC; rigorous imprisonment of five years, fine of Rs.2,000/- and in default, undergo rigorous imprisonment of six months for the offence under Section 452 IPC and rigorous imprisonment of two years, fine of Rs.1,000/- and in default of payment of fine, undergo rigorous imprisonment of three months for the offence under Section 506 IPC. Devender has been sentenced to rigorous imprisonment of three years, fine of Rs.2,000/- and in default of payment of fine, undergo rigorous imprisonment of six months for the offence under Section 27 of the Arms Act. The sentences are to run concurrently and benefit of Section 428 of the Code of Criminal Procedure, 1973, it stands directed, would be given.

3. We begin by noticing undisputed facts recorded by the trial court and not challenged before us. Devender had married Krishna, sister of deceased Suman in the year 1986-87 and they had three children, Anshu, Chanchal and Ashwani. Suman had suffered a fire arm wound on 14th May, 1997 at her residence at Q-525, Janta Flats, Dilshad Garden, Delhi.

4. Krishna, sister of deceased, has deposed as PW-1. Krishna (PW-1) is the first informant, and also the purported eye witness. In her examination-in-chief recorded on 17th July, 1998, she had testified:-

“…………On 14.5.1997 which was the date in the women cell, all the three accused persons came to my house and when they knocked the door of the house at about 12.00 noon, my daughter Chanchal opened the door, at which my mother-in-law Sardari Devi entered into my house and at that time I alongwith my sister was standing in the kitchen. On this, my mother-in-law said to accused Pappu and Devender come inside both the CHUDDELS are present in the house AAJ INKI RAR KAAT DO. Thereafter, my mother-in-law Sardari Devi and Pappu pulled my sister outside. After that Pappu and Sardari Devi held tightly my sister with the wall (MERI BEHAN KO DEEWAR KE BEECH MAIN BHEECH DIYA) and accused Devender present in the court fired a shot at my sister which hit left on side just below the heart. When I tried to run inside the house, Pappu and Sardari cought hold of me and started pulling me out. I tried to bolt the door from inside and in this process my hand (left) came in between the door. I received injuries on my both hands. Accused Devender was striking Katta on the earth. I do not know exactly but it seem that cartridge was stuck up inside the Katta (SHAYAD USME GOLI KA KHOKA FAS GAYA THA). Thereafter, I raised a noise by saying BACHAO BACHAO MERI BEHAN KO GOLI MARDI. Then the accused persons went away after threatening me by saying that TERI BHI RAR KAATENGE CHHORENGE NAHIN. After sometime, police came there and got the door opened. Police made inquiries from me about what has happened and I lodged the report with the police which is Ex.PW1/A, and also bears my signature at point A. When I had opened the door, my both the children were missing since then and I suspect that the accused persons might have taken away my children. ”

5. Examination-in-chief of Krishna (PW-1) continued on 11th September, 1998 and then on 12th January, 1999, when she was also cross-examined. Cross-examination continued and ended on 5th April, 1999. The appellants rely upon the following portion of PW-1’s cross-examination on 5th April, 1999, which reads:-

“………..I