Shree Chandrashekhar, J.

1. The accused-appellants have preferred this Criminal Appeal challenging the judgment and order of conviction and sentence both dated 29.01.2013, passed by Principal Sessions Judge, Simdega in Sessions Trial No. 72 of 2008, whereby the appellants have been convicted for the offence under Section 302/34 of Indian Penal Code and both have been sentenced to undergo rigorous imprisonment for life for committing murder of the deceased, namely, Surendra Singh.

2. Briefly stated, the case of the prosecution is that, on 01.02.2008 at about 7.30 P.M., when the informant and his brother Surendra Singh along with other family members were taking meal, someone called Surendra Singh from outside whereupon Surendra Singh came out of the house and immediately thereafter the informant heard the sound of firing in the verandah. The informant and other family members came out of the house and found Surendra Singh in the injured condition. He had bleeding injuries on his arm and right side of the stomach and he disclosed to his brother that Narayan Singh had called him for compromising the land dispute with Govind Singh and Krishna Singh and when he refused to compromise, Upendra Singh shot from his pistol. It has further been stated that the injured could not be taken to the hospital in the night as conveyance was not available. Next day in the morning the injured was taken to the Kolebira hospital where he succumbed to his injuries. It is alleged that due to the land dispute between the deceased and Govind Singh, the accused persons namely, Upendra Singh, Randur Singh @ Anil Singh and Narayan Singh committed murder of Surendra Singh. The statement of the informant namely, Bhuduwa Singh was recorded in the hospital at about 9.50 A.M. by the officer-in-charge of Kolebira Police Station and on the basis of fardbeyan of the informant, Kolebira P.S. Case No. 06/2008 dated 02.02.2008 under Section 302/34 of Indian Penal Code was registered against Narayan Singh, Randur Singh @ Anil Singh and Upendra Singh.

3. On conclusion of the investigation, charge-sheet was filed against Narayan Singh and Randur Singh @ Anil Singh under Section 302/34 Indian Penal Code and under Section 27 of the Arms Act. Charge under Section 302 /34 Indian Penal Code was framed against the appellants on 15.09.2008. The appellants pleaded not guilty and claimed to be tried.

4. During the trial, nine witnesses were examined by the prosecution in support of its case. The prosecution got proved and marked signature of Niranjan Singh on the Inquest Report as Exhibit-I, signature of Shambhu Baraik on the Inquest Report as Exhibit-1/1, Post-mortem Report as Exhibit-2, signature of the Doctor on post-mortem report as Exhibit-2/1, signature of Budhuwa Singh on fardbeyan as Exhibit-3, Fardbeyan as Exhibit-4, Endorsement on Fardbeyan as Exhibit -5, Formal F.I.R. as Exhibit-6 and Carbon copy of the Inquest Report as Exhibit-7. The defence has not examined any witnesses.

5. The prosecution has examined Niranjan Singh and Shambhu Baraik as P.W. 1 and P.W. 2 respectively. They are witnesses of Inquest Report. P.W. 3-Dr. Christ Anand Xaxa is the Doctor who has conducted post-mortem examination on the dead body of Surendra Singh. He stated that on 02.02.2008, he was posted at Sadar Hospital, Simdega and on examination of the dead body, he found the following injuries : -

(i) External Examination :

a. A sharp cut injury presents 5" above umbilicus in mid line and 2" lateral on right side size 1"x1/2". Depth of the wound is intending in the abdominal cavity.

b. A sharp cut injury in Right Arm above cubital portion. Size 1"x1/2" muscle deep.

c. A sharp injury in Right Arm above right epicondial. Size 1/2"x1/2" muscle deep.

(ii) Internal Examination :

a. Abdominal Cavity full of blood. There is sharp cut injury present interior wall of stomach. Size 2" x 1/2".

b. Sharp cut injury present. Posterior wall of the stomach, size 1/2" x 1/2".

c. Omentum of the abdomina