In these appeals both the appellants have been convicted and sentenced to undergo Life Imprisonment for having committed the offences that have been found to be established and proved by the prosecution under Sections 302 read with Section 34 I.P.C. Apart from this a fine of Rs.5,000/- has been imposed on both the appellants and in default to undergo two months' additional imprisonment. Both the appellants have also been sentenced and convicted for 1 year imprisonment for the offence under Section 504 I.P.C. coupled with a fine of Rs.1,000/- each and in default thereof to undergo fifteen days imprisonment. Similarly for the offence under Section 506 I.P.C. the appellants have been awarded a sentence of one year imprisonment and a fine of Rs.1,000/- each and in default thereof to undergo fifteen days imprisonment.

The appellant Uma Ram @ Om Prakash has been further awarded a sentence of two years imprisonment under Section 3/25 of the Arms Act coupled with a fine of Rs.1,000/- and in default thereof to undergo an additional imprisonment of one month. All the sentences are to run concurrently.

The said judgment of the learned Additional District & Sessions Judge, Mau dated 05.06.2013 arising out of Case Crime Nos.1698 of 2009 and 1701 of 2009, Police Station Chiraiyakot, district Mau has been assailed on several grounds. Sri M.P.Yadav, learned counsel for the appellant has advanced his submissions for the appellant Uma Ram @ Om Prakash and Sri K.K.Singh alongwith Sri Sunil Kumar Singh have advanced their submissions on behalf of the appellant Indradeo Ram. Sri Ajit Ray, learned A.G.A. has advanced his submissions on behalf of the State along with Sri Jai Narain.

The description of the case in the first information report is that the son of the deceased PW-1 informant Ram Shabad Ram at about mid-night on 1/2.10.2009 woke up upon having heard gun-shot fire while he was asleep. He rushed towards the scene of occurrence where he saw his father Sakaldeep Ram (the deceased) having fallen down from his cot sustaining gun-shot injuries on his chest and on his legs. The appellant Uma Ram is only nominated in the first information report who was recognized in torch light by the informant and two others Doodhnath and Indradeo while fleeing away from the scene towards the east direction. The first information report further discloses that the informant alongwith Doodhnath and Madan Ram saw his father groaning and he picked him up along with the help of other villagers and in order to provide medical treatment to him he rushed to the Sadar Hospital at Mau where a doctor declared his father dead. The first information report further narrates that the informant left the body of the deceased on the western gate of the hospital along with certain villagers who were looking after it and he arrived the police station to lodge the information.

The information to the police was tendered at about 6.10 a.m. on 02.10.2009. According to this version since the dead-body was lying infront of the western gate of the hospital the inquest report was prepared there at 12.20 noon. The post-mortem was conducted on the same day at 16.15p.m. The statement under Section 161 Cr.P.C. of PW-1, the informant, PW-2 Doodnath, PW-3 Raghunath Ram and PW-4 Madan Ram are stated to have been recorded by the Investigation Officer namely, Sri Nanhe Ram, PW-6 the Station House Officer of police station Chiraiyakot.

The inquest report and the recovery was carried out by Sub-Inspector of Police Sri Ram Vishwakarma examined as PW-7, the post-mortem was conducted by Dr. Amit Kumar Ranjan who was examined as PW-5. Constables Rajesh Kumar Tiwari, Devendra Singh and Rajesh Kumar Singh were examined as PW-8, PW-9 and PW-10.

The recovery was carried out resulting in the discovery of the weapon alleged to have been utilized by the appellant no.1 Uma Ram @ Om Prakash who is stated to have been arrested on 03.10.2009. On his alleged disclosure statement a Country-Made Pistol alo