Hon’ble Imtiyaz Murtaza, J.—The above appeals are filed against the judgment and order dated 22.9.1999 passed by Special Judge, E.C. Act, Banda in S.T. No. 136 of 1996 (connected with S.T. No. 83/98 and 137/96) whereby the appellants are convicted under Section 302/34, I.P.C. and sentenced to imprisonment for life and a fine of Rs. 5000/- and in default of payment of fine, further imprisonment for one year. Appellant Naseem Ahmad is further convicted under Section 504, I.P.C. and sentenced to R.I. for three months.

2. The brief facts mentioned in the report lodged by Shamshad Ali at police station Chilla District Banda are that on 11.1.1996 at 10 a.m. he had come to Chilla and he was going towards the shop of Mehboob for taking tea. His brother-in-law Abdul Razzaq was standing near the shop of tea. Naseem Ahmad carrying his licensed Rifle, Kaseem Ahmad carrying licensed 12 bore gun of his father, Azeem Ahmad armed with licensed Gun and Naim Ahmad armed with D.B.B.L. Gun came out of the house of Mushtaq Neta and on the exhortation of Naseem Ahmad, Kaseem Ahmad, Azeem Ahmad and Naim Ahmad started firing at his brother-in-law. The shot fired by Naim Ahmad hit his brother-in-law who fell on the ground. The occurrence was witnessed by Peer Baksh, Gayasuddin, Anwar and several other persons. The accused persons started indiscriminate firing and created terror in Chilla Kasba and the shop keepers started closing their shops, public order was disturbed. The accused persons went away threatening them. The family members of his brother-in-law took him to the Hospital. It is further stated that on 10.1.1996 some altercation had taken place between Azad, Abdul Razzaq with Mustafa son of Naseem Ahmad. On account of this enmity his brother-in-law has been assaulted by the accused persons. The report was registered at the police station on 11.1.1996 at 10.40 a.m. The distance of the police station is only 500 yards from the place of occurrence. The case was originally registered under Section 307/504, l.P.C. After the registration of the case S.O. M.P. Pal commenced investigation. He recorded the statement of first informant and also informed the higher authorities and reached at the place of the occurrence. He had also sent two constables for the protection of the injured. He prepared the site plan, which is Ext. Ka-12. He recorded the statement of Mehboob, Gopal, Brijlal. He also collected 8 empty cartridges of 12 bore, two empty cartridges of Rifle and prepared its recovery memo which is Ext. Ka-13. He received information that appellant Naim was arrested by the public. He arrested him at the police station and a case under Section 25 Arms Act was registered against him. After the death of injured Abdul Razzaq case was converted under Section 302 l.P.C. on 13.1.1996 and Mushtaq was also made accused under Section 302/34/120B l.P.C. He recorded the statements of witnesses Peer Baksh, Gayasuddin and Anwar on 12.1.1996. The statement of Afzal Hussain was recorded on 14.1.1996. After the conclusion of the investigation he submitted the charge sheet on 22.1.1996, which is Ext. Ka-14. He had also sent the Guns of Azeem and Naim and recovered empty cartridges to the Scientific Laboratory, Agra for the examination. He had also investigated the case under Section 25/27 Arms Act against Naim. He had prepared the site plan of this case which is Ext. Ka-15 (S.T. No. 136/96, State v. Naim). He had recorded the statement of Anwar, Ansad Ahmad, Manjar Ahmad and Rasool. During the investigation he came to know that the Gun which was recovered from the possession of Naim was of Rehmat Ilahi. He had obtained the sanction for the prosecution from the District Magistrate and submitted the charge-sheet against Naim Ahmad under Section 25/27 Arms Act and under Section 30 Arms Act against Rehmat Ilahi. The charge sheet is Ext. Ka-16.

3. Post Mortem on the dead body of the deceased was conducted by Dr. S.P. Tripathi on 12.1.1996 at 12.10 p.m. and he note