Hon’ble Mrs. Vijay Lakshmi, J.—Being aggrieved and dissatisfied with the judgment of conviction dated 4.2.2011 passed by the Additional Sessions Judge, Court No. 5, Bulandshahr, all the appellants, by means of aforesaid four separate appeals, have questioned the legality and correctness of the aforesaid judgment, whereby the learned trial Court has held all of them guilty under Section 302 of I.P.C. with the aid of Section 34 and Section 120B of I.P.C. and has convicted and sentenced them as under :

“Convicts Dr. Satyavir, Raju alias Rajkumar, are sentenced for life imprisonment, and a fine of Rs. 1,00,000/- each, for the offence punishable under Section 302 read with 34 of I.P.C. In case of default, every one of them shall undergo simple imprisonment for one year. Half of the amount from each of the fine i.e. Rs. 50,000/- shall be paid to the family members of the victim.

Convicts Dr. Satyavir, Raju alias Rajkumar, Sukhmal Jain and Babble alias Gyanendra are also sentenced for life imprisonment for the offence punishable under Section 302 read with Section 120B of I.P.C. And a fine of Rs. 50,000/- each. In case of default, every one of them shall undergo simple imprisonment for one year. Half of the amount of each of the fine i.e. Rs. 25,000/- shall be paid to the family members of the victim.”

2. As all the aforesaid four appeals arise out of the same judgment and order dated 4.2.2011 and are related to the same occurrence, all were connected with each other by previous orders of this Court. Hence all are being disposed of by this common judgment.

3. We have heard learned counsel for the appellants, learned A.G.A. for the State and Sri Gopal Chaturvedi, learned Senior Counsel, assisted by Sri Ajat Shatru Pandey, appearing for the private respondent and have carefully gone through the evidence available on record as well as the impugned judgment.

4. The prosecution case in brief is that the complainant Amit Nagpal (P.W. 1), on 28.3.2008 at 00.45 a.m., lodged an F.I.R. (Ext. Ka 1) at Police Station Anoopshahar, district Bulandshahar, mentioning therein that in the morning of 27.3.2008 at about 10.00 a.m., his father deceased Kishori Lal Nagpal had left Delhi informing that Dr. Satyaveer (accused-appellant) had called him for inspecting some low priced lands and also for procuring him the contract for the bridge of river Ganga. His father alongwith Rajendra Prasad Pandey (P.W.2) and Vijay Kumar Dhingara had set out from Delhi to Ghaziabad by his Indica Car. In Ghaziabad they met Dr. Satyaveer who asked his father to leave his Indica car at his residence and took them in his Alto car No. DL-9CM 4422 to Anoopshahar where his father saw the Ganga bridge. As the dusk had fallen, it was getting dark and the land which was to be seen was 30 - 35 Kms. away situated in Budaun district, Dr. Satyaveer asked his father to return home stating that the land would be seen some other day, Dr. Satyaveer diverted his Alto car towards Delhi. When the car was moving between Anoopshahar and village Karanpur, Dr. Satyaveer offered whisky to all. He made some pegs of liquor. As the liquor was spilling due to speed of car, Satyaveer asked the deceased Kishori Lal Nagpal, who was driving the car, to slow down the speed so that the liquor might not spill. The deceased slowed down the speed of the vehicle. At the same time, a grey coloured Indica car overtook their Alto car and halted in front of it. From that grey Indica car, a man, wearing white pant, shirt and cap with little beard, stepped down with a revolver in his hand. He fired two shots on deceased Kishori Lal, inflicting fatal injuries on his head. Thereafter the assailant alongwith driver of Indica car fled away towards Bulandshahr. Just after the occurrence Rajendra Prasad Pandey (P.W. 2) who was travelling in the same car informed about the incident to his son Sheetu, who immedi