Arvind Kumar Mishra-I, J.

By way of aforesaid criminal appeals, challenge has been made to the judgment and order of conviction dated 20.10.2010 passed by Additional Sessions Judge, Fast Track Court No. 3, Ghazipur in Sessions Trial No. 356/2006 under Section 302/149 IPC arising out of Case Crime No. 516/2006 under Sections 302/149, 506 IPC, 27/30 Arms Act, P.S. Mardah, District Ghazipur, whereby the appellants have been sentenced to life imprisonment and a fine Rs. 5,000/- each and in case of default, the concerned convict would have to suffer additional three months' simple imprisonment. One year simple imprisonment under Section 506 IPC coupled with fine Rs. 1,000/- each and in case of default, the concerned convict would have to suffer additional simple imprisonment for one month and Anjani Singh has been further sentenced under Section 148 IPC to one year simple imprisonment coupled with fine Rs. 1,000/- and in case of default, he would have to suffer additional imprisonment for one month. Sentences shall run concurrently.

2. Pertinent to mention that appellant-Kanta Singh has died during pendency of the appeal. Therefore, the appeal stood abated qua appellant-Kanta Singh vide order dated 02.03.2016.

3. Relevant to mention that the aforesaid two appeals arise out of the judgment in aforesaid Sessions Trial No. 356/2006 pertaining to the same Case Crime No. 516/2006, therefore, both these appeals are being decided by common judgment.

4. Course of events suggest that informant Ram Nath Singh s/o Ram Lochan Singh lodged written report at P.S. Mardah on 29.5.2006 at 12:25 p.m. against five accused persons-Kanta Singh, Laxman Singh and Ram Ji Singh, sons of Vishwanath Singh, Anjani Singh s/o Ram Ji Singh and Sanjay Singh s/o Laxman Singh for causing death of his son Lalita Singh by shooting him to death with specific allegations that it was around 11:00 a.m. on 29.5.2006 co-villagers Kanta Singh, Laxman Singh and Ram Ji Singh, sons of Vishwanath Singh, Anjani Singh, s/o Ram Ji Singh, Sanjay Singh s/o Laxman Singh climbed upon the roof of house of their uncle Paras Nath Singh and hurled abuses at his son and his family. Informant's son Lalita in the meanwhile climbed on the roof of his house when the assailants Kanta Singh, Anjani Singh and Sanjay Singh, in prosecution of their common object with intention to kill at the exhortation of Ram Ji Singh and Laxman Singh fired on the deceased with their respective licensed guns which they were possessing at that point of time due to which fire hit Lalita Singh on his head and eyes and he fell down. This incident was witnessed by Swami Nath Singh of his village and other villagers, as well. The assailants extended life threat and fled away from the scene. First informant in company with his family members took his son Lalita Singh to Mardah hospital where he succumbed to his injuries as soon as he reached the hospital. Request was made for lodging report and taking appropriate action. This report was scribed by Gopal Sharan Singh. The same is Exhibit Ka-1. Relevant entries were made in the concerned check FIR at Case Crime No. 516/2006 under Sections 147, 148, 149, 302, 504, 506 IPC the very same day on 29.5.2016 at 12:25 p.m. at Police Station Mardah. The check FIR is Exhibit Ka-7. On the basis of entries made in the check FIR, a case was registered at serial no. 21 of General Diary dated 29.5.2006 at 12:25 p.m. at aforesaid case crime number, under aforesaid sections of IPC at P.S. Mardahagainst accused persons. Copy of concerned G.D. is Exhibit Ka-8. Both the check FIR and the concerned G.D. have been proved by prosecution witness Nagendra Singh PW-8. After lodging of the case investigation of the case ensued and was entrusted to S.I. Anand Kumar Singh PW-10. Testimonial account of Anand Kumar Singh PW10 reveals that he on being informed about the incident telephonically reached at village Harhari when the first informant had taken away the deceased to the hospital by tempo.