Hon’ble Arvind Kumar Mishra-I, J.—By way of instant criminal appeals, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 29.3.2012 passed by the Additional Sessions Judge/Special Judge E.C. Act, Meerut, in Sessions Trial No. 295 of 2008, arising out of case crime No. 350 of 2007 under Sections 302/34 IPC, Police Station Medical, District Meerut, whereby the accused appellants have been sentenced to life imprisonment coupled with fine Rs. 25,000/- each, and default stipulates one year additional simple imprisonment under Section 302/34 IPC.

2. Heard Sri V.P. Srivastava, Sri Kamal Krishna, leaned Senior Advocates assisted by Sri Manju Rani Chauhan and Sri Ghanshyam Das, learned counsel for the appellants, Sri Amit Daga, learned counsel for the complainant and Sri Awadesh Narain Mulla, learned AGA assisted by Sri Saghir Ahmad and Ms. Manju Thakur, learned AGAs for the State and perused the record of this appeal.

3. The facts of this case as unfolded in the First Information Report appear to be; that the first informant, Santosh Kumar Srivastava, Senior Jail Superintendent, Meeurt, lodged a written report with Police Station Medical, District Meerut on 7.8.2007 at 7:45 p.m. regarding the occurrence which took place 7.8.2007 at 6:30 p.m. to the effect that Narendra Dwivedi, Deputy Jailor, District Jail Meertu has been shot by some unknown person at Spenser Mall, near Jail Chungi at 6:30 p.m. thus injuring him seriously, who expired on the way while being taken to the hospital. Prayer was made for taking appropriate action. This written report is Ext. Ka-1.

4. Contents of written report were taken down in the concerned Check FIR at Case Crime No. 350 of 2007, under Section 302 IPC at Police Station- Medical on 7.8.2007 at 7.45 p.m. Check FIR is Exhibit Ka-2. On the basis of entry made in the Check FIR, a case was registered at Rapat No. 41 of concerned General Diary of aforesaid date and time at Case Crime No. 350 of 2007. Copy of General Diary is Exhibit Ka-3.

5. Record reflects that S.I. Richpal Singh P.W.6 rushed to the Medical College alongwith S.O.- Medical- Jay Pal Singh and inquest of deceased- Narendra Dwivedi was held the very same day at 7.8.2007. It commenced at 8.10 p.m. and was completed at 9.50 p.m. Inquest report is Exhibit Ka-2A. In the opinion of inquest witnesses, it was suggested that dead body of deceased- Narendra Dwivedi be sent for post-mortem examination, for ascertaining real cause of death. Relevant papers- letter to C.M.O., photonash, letter to R.I. etc. were prepared, which papers are Exhibit Ka-3 to Exhibit Ka-7.

6. The post-mortem examination on the cadaver of deceased- Narendra Dwivedi was conducted by Dr. Arvind Agarwal on 8.8.2007 at Mortuary, District Hospital, Meerut at 7.35 a.m., wherein following ante-mortem injuries were detected on the body of the deceased :

Ante-mortem injuries

1- Wound of entry of fire-arm on left side of neck 0.5 cm x 0.5 cm x muscle deep (neck deep). 2.0 cm jaw angle of mandible, margins inverted. Under injury carotid & jugular vessels ruptured & muscles lacerated. No blackening & tattooing.

2- Wound of exit of fire-arm 1.5 cm x 1.5 cm on right side of face 1.0 cm outer to right pinna. Margins everted. Underlying mandible. Jaw vessels lacerated. Direction of bullet medially upward & anteriorly. 3 pieces of metallic bullet recovered at exit side.

3- Wound of entry of fire-arm 0.5 cm x 0.5 cm on right deltoid area. Margins inverted. No blackening and tattooing present. It is 22 cm above type of olecranon fracture underlying humerus bone.

4- Wound of exit of fire-arm 1.0 cm x 0.8 cm on lateral part of right upper chest, 3.0 cm below lateral present of clavicle, margins everted. Underlying muscle lacerated. 2 metallic pieces of bullet recovered at exit part. Direction of bullet is upward, medially and internally.

7. In the opinion of doctor, cause of death was stated to be haemorrhage & shock as a result of ante-mort