Hon’ble Arvind Kumar Tripathi, J.—The Criminal Appeal No. 5921/06 (Kitab Singh v. State of U.P.), connected with Criminal Appeal No. 4979/06 (Leela v. State of U.P.), Criminal Appeal No. 5878/06 (Moola v. State of U.P.) and Criminal Appeal No. 1044 of 2011(Veerendra and another v. State of U.P.) have been preferred against the same judgment and order of conviction and sentence vide order dated 31.7.2006 passed by learned Additional District Judge, Court No. 2, Mathura in S.T. 100/2004 arising out of Case Crime No. 105/03 under Sections 147, 148, 149, 302, 307 I.P.C. PS.Farah, District Mathura and S.T. No. 101/04 under Section 25 Arms Act arising out of Case Crime No. 111/02, hence all the appeals are being heard and decided jointly by a common order.

2. Appellants Moola, Leela, Mahesh, Veerendra and Kitab Singh were convicted under Section 148 I.P.C. for two years’ R.I. with fine of Rs. 1000/- and in default one month’s further R.I., life imprisonment under Section 302 I.P.C. read with Section 149 I.P.C. with fine for a sum of Rs. 10,000/- and in default two years’ further R.I. and under Section 302 I.P.C. read with Section 149 I.P.C. ten years’ R.I. with fine for a sum of Rs. 5000/- and in default one month’s further R.I. However, the accused appellant Mahesh was convicted and sentenced for one year’s R.I., under Section 25 of the Arms Act with fine of Rs. 1000/- and in default one month’s further R.I. However, direction was that all the sentences would run concurrently.

3. Shri Ali Hasan and Shri Ishtiyaq Ali, learned counsel appeared on behalf of the appellants, Sri Chandrajeet Yadav, learned A.G.A. appeared on behalf of the State.

4. We heard learned counsel for the parties at length and judgment was reserved on 10.12.2015.

5. The brief facts of the case are that the First Information Report was lodged by Radha Kishan on 26.8.2003 at 1.30 a.m. at police station Farah, Mathura. According to First Information Report they were sitting on cot outside their house at 8.30 p.m. in the night of 25.8.2003. At that time one Maruti Car came and stopped near the field of Atar Singh and Bhura s/o Moola of his village came out from the car and after sometime he left the place with the car. Thereafter at about 11.00 p.m. Leela s/o Bhikam Singh passed through the Gher of Atar Singh and again he went. Thereafter at about 12 in the night Bhura s/o Moola, Leela and Kitab Singh s/o Gautam Singh, Khubi s/o Kesi, Mahesh s/o Moola and Virendra s/o Radhey Shyam of his village came from side of the house of Khubi. They were having country made pistol, rifle and all of sudden they started indiscriminate firing at Atar Singh who was sleeping. Munni Devi w/o deceased Atar Singh s/o Nathhi and his brother Ishwari, reached to save him and they shot fire causing injuries to them. After hearing firing Hoshiyar s/o Ishwari, Radha Kishan s/o Pancha, Rajpal s/o Radha Kishan, Anar Singh s/o Roshan Lal came at the place who saw the incident and saved. Atar Singh died. Bhura and his family members were annoyed because Bhura had purchased a land of the informant. There was balance of a sum of Rs. 2,25,000/- for which Bhura issued a blank cheque which was dishonoured by the bank. The deceased Atar Singh twice-thrice asked Bhura and his family members to make the payment. Due to that Atar Singh was annoyed using abusing language and warned not to dare to demand the money otherwise he had to face serious consequence. Leaving the dead body of Atar Singh at the place of the occurrence, Munni Devi whose condition was serious, was taken to hospital for treatment and he went to the Police Station alongwith injured for lodging of the First Information Report and written report was scribed by one Sanjay Kumar s/o Jagdish Prasad, r/o village Nahrai, Post Ehav. The First Information Report was lodged and registered at 1.30 a.m. On 26.8.2003 at Police Station Farah, District Mathura. Munni Devi injured and Ishwari were got medically examined. Panchyatnama of dead b