Hon’ble Naheed Ara Moonis, J.—These appeals have been preferred on behalf of the appellants, namely, Sangram Singh, Meher Sagar, Meher Sahai and Khalak Singh as well as Mohan Birthare, Jagbir Singh, Hari Singh @ Babli and Mahesh Yadav against the judgment and order dated 12.12.2002 passed by the learned Additional Sessions Judge, Jhansi in Sessions Trial No. 156 of 1996 State v. Sangram Singh and others, arising out of case crime No. 88 of 1993, Police Station Barua Sagar, District Basti whereby all the appellants have been convicted under Section 302/149 IPC for life imprisonment with fine of Rs. 2000/- each, in default of payment of fine, one year simple imprisonment, under Section 148 IPC two years simple imprisonment to each of the appellants. Both the sentences under Section 302/149 and 149 IPC were directed to run concurrently.

2. All the appellants were acquitted of the charge under Section 147 IPC. Appellant Sangram Singh was acquitted of the charge under Section 25 of the Arms Act Sessions Trial No. 157 of 1996 (State v. Sangram Singh) arising out of case crime No. 89 of 1993, Mahesh Yadav and Mohan Birthare were acquitted of the charge under Section 5 of the Explosive Substance Act in Sessions Trial No. 25 of 1998 (State v. Mahesh and another), arising out of case crime No. 90 of 1993.

3. Since both the abovementioned appeals are arising out of judgment and order dated 12.12.2002 passed by the learned Additional Sessions Judge, Court No. 4, Jhansi against the conviction of the appellants under Sections 148, 302/149 IPC hence both the appeals are being decided by a common judgment.

4. During the pendency of appeal, the appellant Mahesh Yadav had expired hence the appeal on his behalf has stood abated by order dated 16.2.2016.

5. The prosecution case in a short conspectus is that an FIR was lodged by Gulzari Lal Rai (P.W-1) stating therein that he is a resident of Mohalla Khadi Qasba, Police Station Barua Sagar, District Jhansi. When he alongwith his son, Sunil on 26.9.1993 were sitting in front of the house of his brother Kamlapat Rai at about 3.45 p.m. Sangram Singh, Meher Sagar, Meher Sahai and Khalak Singh, Mohan Birthare, Jagbir Singh, Hari Singh @ Babli and Mahesh Yadav came in two trucks and two motorcycles from the station road and stopped their vehicles in front of the house of his brother. Meher Sagar, Sangram Singh and Meher Sahai were armed with countrymade pistol, Khalak Singh was armed with rifle, Mahesh was carrying bomb, Mohan Birthare was allegedly carried a bag containing some article, Jagbir was armed with iron rod and Hari Singh @ Babli was armed with hockey came near to them. Accused Sangram Singh asked the complainant that he poses himself leader and used to issue fictitious MM-II receipts and interfered in their contract. At this, the complainant asked the accused persons that they have some misconception, at this all the accused persons had started hurling abuses and vituperative words. When the complainant and others refrained them from doing so, Meher Sagar stated that they have met luckily today hence they should be killed. When the complainant and others tried to run away, accused Khalak Singh, Meher Sagar, Sangram Singh and Meher Sahai fired with their respective weapons i.e. rifle and countrymade pistol, which hit complainant’s son Sunil who fell down and died on the spot. On the noise of fire as well as hue and cry, Kamlapat Rai, Surendra Rai, Prakash Ahirwar, Raj Kumar Jogi and Smt. Rataniya Kushwaha, who were present near by came at the spot. They had tried to nab the accused persons by surrounding them. There was ruckus amongst accused persons and they started firing indiscriminately here and there to create terror and ran away. Accused Sangram Singh was apprehended alongwith loaded countrymade pistol by the neighbours near lane of post office. The dead body of Sunil, the son of the complainant, was lying on the spot. The trucks and motorcycles were also standing at the site of