The main legal point established is the reliance on convincing evidence, including eyewitness testimony, forensic reports, and motive, to prove the case beyond reasonable doubt.

JUDGMENT

Rajiv Sharma, J. - Since common questions of law and facts are involved in the aforesaid appeals, therefore these are taken up together and disposed off by a common judgment.

2. These two appeals are directed against the judgment and order dated 18.09.2015 rendered by the Additional Sessions Judge, Rohtak in Sessions case no.50 of 2012 whereby the appellants along with Ravinder, Ranjit and Ranbir were charged with and tried for offences under Section 302, 120-B, 387, 506 read with Section 34 of the Indian Penal Code (in short 'IPC') and 25 of the Arms Act, 1959.

3. Appellants Paramjeet @ Kala and Deepak son of Jagdish were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each and in default payment of fine, to further undergo simple imprisonment for a period of nine months for offence under Section 302 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/- each and in default payment of fine, to further undergo simple imprisonment for a period of six months for offence under Section 120-B IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5000/- each and in default payment of fine, to further undergo simple imprisonment for a period of six months for offence under Section 387 read with Section 34 IPC. They were also convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.1000/- each and in default payment of fine, to further undergo simple imprisonment for a period of three months for offence under Section 506 IPC. They along with Ravinder accused were also convicted and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5000/- each and in default payment of fine, to further undergo simple imprisonment for a period of six months for offence under Section 25 of the Arms Act, 1959. The appellants were also directed to pay Rs.50,000/- each as compensation to the LRs of deceased Shri Krishan. All the sentences were ordered to run concurrently. Remaining accused were acquitted.

4. The case of the prosecution in a nutshell is that on 07.11.2011 a telephonic message was received in the Police Station Sampla from Police Post PGIMS Rohtak about admission of Shri Krishan. ASI Om Parkash along with HC Sandesh and HC Sanjeet reached the Police Post PGIMS Rohtak. Jai Kanwar got recorded his statement to the effect that he is resident of village Karor. His father was running a Fauji Dhaba at Rohtak Delhi Road. On 07.11.2011 at about 5.00 P.M. he along with his father and maternal uncle Rattan Singh was present in the Dhaba. In the meanwhile, three youths came on a motor cycle to their Dhaba. They ordered certain eatables. His father Shri Krishan was walking in the parking of the Dhaba. In the meanwhile he went to the roof of Dhaba. The youths started talking with his father. Thereafter one youth went towards motor cycle. Remaining two youths took out their pistols and they fired shots on his father. He raised alarm. Youths ran away from the spot. He also came down from the roof of the Dhaba. He along with his maternal uncle Rattan Singh shifted his father to PGIMS Rohtak in a vehicle. His father was declared dead. The FIR was registered. The dead body was sent for post-mortem examination. The matter was investigated and challan was presented after completing all the codal formalities.

5. The prosecution examined a number of witnesses in its support. The statement of accused under Section 313 Cr.P.C. recorded. He has denied the case of prosecution. The appellant was acquitted. Hence this appeal.

6. We have heard learned counsel for the parties and have gone through the judgment and record very carefully.

7. Pw-1 Parmod testified that on 08.11.2011 at the request of Jai Kanwar he reached at Fauji Hotel. He opened the lock of CCTV camera. Thereafter he prep