D.N. Upadhyay, Judgment

These criminal appeals have been directed against the judgment of conviction dated 27.5.2002 and sentence dated 28.5.2002 passed by the learned Sessions Judge, Garhwa in connection with Sessions Trial No. 159 of 2001(G)/354 of 2000(P), whereby the appellants have been held guilty for offence punishable under Sections 302/34 I.P.C. and sentenced to undergo R.I. for life. The appellant Pappu Tiwari has also been held guilty for offence punishable under Section 27 of the Arms Act and sentenced to undergo R.I. for 3 years. The sentences so passed were directed to be run concurrently.

The Facts:

2. The fact emerges from the Fardbeyan of Pankaj Kumar Singh recorded on 7.3.2000 at 14 hours at Sadar Hospital, Garhwa is that Vikas Kumar Singh (deceased) elder brother of the informant was going to Gym from his house at about 1 P.M. When he reached near the house of Ramadhar Ram, all the appellants who are named in the F.I.R. restrained him and Pappu Tiwari opened fire from his pistol, as a result Vikas Kumar Singh sustained injury and fell down. Thereafter the remaining appellants pounced over Vikas Kumar Singh and indiscriminatory inflected blows by means of