Prafulla C. Pant, J.;-

Both these appeals are directed against judgment and order dated 20.04.2009, passed by Learned Sessions Judge, Nainital, in Special Sessions Trial No. 71 of 2006, and Special Sessions Trial No. 7 of 2007, whereby accused/appellant Pradeep Khandelwal has been convicted under section 302 read with section 120B of Indian Penal Code, 1860 (for short IPC) and acquitted from the charge of offence punishable under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Appellant Vakeel Ahmad @ Guddu has been convicted under section 302 read with section 120B IPC, (in alternative under section 302 read with section 34 IPC). He has further been convicted under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. Appellant Pradeep Khandelwal has been sentenced to imprisonment for life and directed to pay fine of ` 10,000/- under section 302/120B IPC. Appellant Vakeel Ahmad @ Guddu has also been sentenced to imprisonment for life and also directed to pay fine of ` 10,000/- under section 302/120B IPC,( in alternative under section 302/34 IPC). He (Vakeel Ahmad) has been further sentenced to rigorous imprisonment for a period of five years and also directed to pay fine of ` 5,000/- under section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

2. Heard learned counsel for the parties at length, and perused the lower court record. Background:

3. Prosecution Case: Prosecution case is that, accused/appellant Pradeep Khandelwal and his brother Pankaj Khandelwal (deceased), used to run their joint business in the name and style of 'M/s Jai Guru Jewelers' in Haldwani. From the income of said firm they also constructed a hotel in the name of 'Jai Guru'. Pradeep Khandelwal (accused/appellant) is elder brother, and Pankaj Khandelwal (deceased) was his younger brother. In the year 2000, the aforesaid two brothers, to expand their business, started construction of 'MONOLITH RESORT' over the land earlier purchased by the two brothers and their wives. Prosecution case is that since the construction work of Monolith Resort started, the firm M/s Jai Guru Jewelers started suffering loss. Due to this, differences arose between accused/appellant Pradeep Khandelwal and his younger brother Pankaj Khandelwal (deceased.) In September 2000, Income Tax Department conducted a raid in the firm and the resort as a result of which, it is stated that the firm suffered further loss of ` 40,00,000/- (rupees forty lacs). Thereafter the differences widened and the two brothers by mutual settlement got partitioned their joint properties in the year 2002. Pankaj Khandelwal (deceased) got the firm M/s Jai Guru Jewelers, and the elder brother Pradeep Khandelwal (accused/appellant) Monolith Resort, and land and some money for starting his own business. Accused/appellant No. 1 Pradeep Khandelwal adjoining to the shop of firm M/s Jai Guru Jewelers, started his business after constructing a shop with name and style of “Shri Guru Jewelers”. According to prosecution, this further raised rivalry between the two brothers. A few days before the incident they had a quarrel with each other.

4. Second leg of the prosecution story is that a dreaded proclaimed criminal Prakash Pandey also known as 'PP' (based out side India allegedly in Vietnam), in an association with one Bhuppi, Rajesh and others used to run an organized gang to extort money from public, particularly businessmen. A red corner notice is said to have been issued against him but he continued his activities by making telephone calls to his associates Bhuppi, Satish Pandey and others, and also used to get murdered men on failing to take ransom. He (PP) started extracting money from accused/appellant Pradeep Khandelwal by making calls himself and through Bhuppi and thereby the two PP and accused/appellant Pradeep Khandelwal came in contact with each other.

Incident:-

5. On 24.01.2006, at about 8:15 P.M., Pankaj Khandelwal (deceased), after

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