R.N. Verma, J.

In these appeals, the appellants challenged the correctness of the judgment of conviction dated 03.09.2004 and order of sentence dated 04.09.2004 passed by Sessions Judge, Palamau in Sessions Trial no. 220 of 2003 whereby and whereunder, the appellant- Mohammad Ali has been convicted under Section 302 I.P.C. and sentenced to undergo rigorous imprisonment for life and also convicted under Section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years. The other two appellants Annu Hawari and Sheru Quraishi have been convicted under Section 302/34 of I.P.C. and sentenced to undergo rigorous imprisonment for life.

2. Filtering the unnecessary details, the case of prosecution, which is based on the fardbeyan of Shamima Khatoon (PW-5) recorded by Sub-Inspector Prem Mohan at Sadar (Town) hospital, Daltonganj at 7:30 P.M., in short, is that she along with her brother Babloo Quraishi (since deceased) were sitting outside her house and at about 6:45 P.M. when Babloo tried to move towards the river side, she protested and requested him not to go to the river side as Mohammad Ali, Md. Sheru and Annan @ Anu Hawari are sitting there but by then, her brother had reached near the house of Shamim Ryne. Suddenly from river side, all the three above persons came there riding on a black motorcycle and stopped their vehicle and started abusing her brother. She rushed to the place but by then Mohammad Ali, who was having a pistol in his hand, shot fire from the said pistol causing injury in stomach of her brother. After sustaining injury, her brother fell down whereafter all the three accused persons fled away on the same motorcycle. The informant with the help of local people brought her brother to Sadar Hospital but Babloo succumbed to his injuries during treatment. The motive, as disclosed in the fardbeyan, is that there was some dispute between the deceased and the accused persons and for that accused persons had earlier threatened him of dire consequence. On the basis of the fardbeyan, Palamau (Town) Sadar P.S. Case no. 144 of 2002 was instituted on 29.05.2002 at 9:15 p.m. under Section 302/34 I.P.C. and also under Section 27 of Arms Act.

3. On completion of investigation, police submitted the charge-sheet against the three appellants. Accordingly, cognizance of offence was taken and the case was committed to the court of sessions where the charge against the appellant- Mohammad Ali was framed under Section 302 I.P.C. and also under Section 27 of Arms Act for committing murder of Bablu Quraishi and against two appellants Sheru Quraishi and Annan @ Annu Hawari, charge was framed under Section 302/34 of I.P.C. for committing murder of the said Babloo Quraishi in furtherance of common intention.

4. During investigation, the dead body of Babloo Quraishi was sent for post-mortem examination, which was conducted by Dr. Satish Kumar Sinha (PW-6) on 29.05.2002 at 8:15 a.m. and did find the following injuries:-

(i) Wound of Entrance- 1/2" x 1/4" x deep up to abdominal cavity, in the back right to mid-line at the level of thoracic eleven vertebra, oval in shape, margin inverted blackening of skin around wound.

(ii) Wound of Exit- Margin everted, ragged and torn 1”x 1/2”x abdominal cavity deep in epigastrium.

(iii) Abrasion- 1” x 1” in the middle of right forearm laterally. Both the wounds of entrance and exit communicating to each other.

On dissection of abdomen:- Peritoneal cavity- full of blood with splenic rupture and perforation large intestine.

In the opinion of the doctor, both the injuries caused by fire arm were communicating to each other and sufficient to cause death. Death took place due to shock and hemorrhage caused by these fire arm injuries. The doctor (P.W.6) issued the postmortem examination report (Ext.-1) but as there was some mistake with regard to the date on the P.M. report, this witness was recalled and, thereafter, the witness confirmed that he conducted the autopsy on the dead body on