Hon’ble Raghvendra Kumar, J.—Under challenge in the appeal is the judgment and order dated 19.2.2008 passed by the Additional District Sessions Judge/Special Judge, Gangsters Act. Jhansi in G.S.T. No. 12 of 2006, under Section 302/34 I.P.C and Section 3 of U.P. Gangsters Act arising out of case crime No. 1167 of 2005, P.S. Prem Nagar, District Jhansi whereby the accused appellants Rajoo alias Rajesh and Arvind have been convicted for the offence under Section 302 I.P.C and sentenced to him imprisonment for life and fine of Rs. 5000/- each with default stipulation of six months additional simple imprisonment and further convicted for the offence under Section 3 of U.P. Gangsters Act and sentenced to R.I. for five years with fine of Rs. 5000/- with default stipulation of simple imprisonment for one year.

2. The accused Rajoo alias Rajesh has also been convicted in S.T. No. 138 of 2005 under Section 25 of Arms Act arising out of case crime No. 1223 of 2005,P.S. Prem Nagar, District Jhansi and sentenced to R.I for one year with fine of Rs. 1000/- with default stipulation of additional simple imprisonment for one month.

3. The accused appellant, Arvind has also been convicted in S.T. No. 139 of 2005, under Section 25 of Arms Act arising out of case crime No. 1224 of 2005, P.S. Prem Nagar, District Jhansi and sentence to R.I for one year with fine of Rs. 1000/- with default stipulation for additional simple imprisonment for one month.

4. G.S.T. No. 12 of 2006 and S.T. NO. 138 of 2005 and S.T. NO. 139 of 2005, all these cases have been disposed of vide a common judgement and order dated 19.2.2008 which is under assail before this Court.

5. Heard learned counsel for the accused appellants and learned A.G.A for the State of U.P.

6. The F.I.R. of this case has been lodged by Asha Ram son of Banshidhar with the police on 3.9.2005 at 5.15 p.m. with respect to the incident that occurred on 3.9.2005 at 3.15 p.m. As per the F.I.R version on 3.9.2005, so many persons of the village were sitting in Vyayamshala of Krishna Mandir because of non supply of the electricity. After restoration of the electricity supply the people left for their places. At about 3.15 p.m the accused Rajoo alias Rajesh and Arvind both sons of Sundar Lal Yadav who had quarrel with the informant long back, on the score of this enmity, both accused persons near the house of one Shankar Lal Yadav on road discharged fire from their illicit country made pistol upon Jagdish son of Chotelal who after sustaining injury fell down. The accused appellants turned back and rushed towards the temple. One Raghuvar Pahalvan was coming from the side of temple challenged the accused appellants. Both accused appellants with the intention to kill discharged shots from their weapons upon Raghuvar Pahalwan who also fell down and died. After hearing the noise of fire, Ashok son of Banshidhar reached to the spot. Then accused Rajoo alias Rajesh and Arvind also discharged shots from their country made weapon. Ashok tried to run towards his house, but the accused persons chased Ashok and then discharged shots. After sustaining the fire-arm injury Ashok fell down. The incident was seen by one Veer Singh son of Chote Lal and Chhannu and other village inmates. Thereafter waving their weapons and extending threats the accused persons fled away from the spot. With the act of the accused persons, the entire life of the village was disturbed. The dead body of Rabhubar Pahalwan was lying on the spot. The injured Ashok and Jagdish were taken to the medical hospital by the village people. The F.I.R. was inscribed by one Roshan Lal and thereafter lodged with the police.

7. After registration of the F.I.R, the investigation proceeded in accordance with law The inquest proceedings of all the three deceased namely, Jagdish, Raghuvar Pahalwan and Ashok were drawn. The sample of the blood stained and ordinary soil was obtained from the place where the injured Jagdish, Ashok Kumar and Raghuvar Pahalwan w