JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Government Appeal No. 2239 of 2009 has been filed by the State-appellant challenging the judgment and order dated 16.09.2008 passed by the learned Additional District and Sessions Judge, Court No. 1, Hamirpur in Sessions Trial No. 137 of 2005 arising out of Case Crime No. 22 of 2005 under Sections 302/34, 504, 506 IPC, Police Station Rath, District Hamirpur whereby both the accused-respondents have been acquitted of all the charges.

2. The aforesaid judgment and order dated 16.09.2008 has been assailed by the informant of the case Shyam Singh @ Pappu also by filing Criminal Revision No. 3459 of 2008, and by means of an order dated 19-09-2011, the aforesaid Criminal Revision was connected with Govt. Appeal No. 2239 of 2009.

3. Government Appeal No. 2239 of 2009 filed by the State-appellant has been admitted by means of an order dated 04.11.2011.

4. As both the aforesaid cases have been filed challenging the judgment and order dated 16.09.2008, both the cases are being decided by a common judgment.

Prosecution Case

5. Briefly stated, the prosecution case is that on 28.01.2005, the informant Shyam Singh @ Pappu gave a written report at Police Station Rath, stating that a dispute had arisen in his village Nandana between Shiv Kumar and his brother Shiv Narayan, for fixing a gate on a land which belongs to Shiv Narayan. On 28.01.2005 at about 12:00 noon Shiv Kumar asked the Shiv Narayan that he had given an application to the Police regarding the gate put up by the latter and he should stop the work and resume the same only after the Police makes an enquiry. Upon this, Shiv Narayan (the accused-respondent No. 1) and his son Pradeep (the accused-respondent No. 2) started hurling abuses. The informant and his father, who was standing with Shiv Kumar in front of his house, forbade them from doing so. Pradeep shouted from upstairs that all the persons had come for doing a panchayat, shoot them. Upon this Shiv Narayan fired a shot from his licensed double barrel gun which hit the informant’s father (Jaswant) in his chest and face. In order to save his life, the informant pulled his father inside the house of Shiv Kumar, but his father died immediately due to the gun-shot injury. The accused-respondents threatened that in case any person lodged a report or gave evidence, he would also be killed and both the accused persons ran away. Shiv Narayan was carrying a double barrel gun and Pradeep was carrying a single barrel gun. The incident was witnessed by Shyam Singh @ Pappu, Shiv Pal Singh son of Badri Prasad, Surjan Singh and the mother of Shyam Singh. Immediately after the incident, Head Constable Chandrabhan and a Constable Raj Singh had reached the village and they got engaged in search of the accused-respondents.

6. Upon the aforesaid written information, a Case Crime No. 22 of 2005 under Sections 302/34, 504, 506 IPC was registered in Police Station Rath at 12:45 p.m. on 28.01.2005.

7. A Sub-Inspector reached the spot of occurrence and prepared an inquest report (Ex.A-5), in which he recorded that the dead body had injury marks on the right side of its face and there was no other apparent injury. However, after writing the inquest report, a line has been inserted in between two lines, stating that the dead body had pellet injuries on its chest in an area of 30 c.m. x 30 c.m. The I.O. collected the clothes worn by the deceased and the samples of blood stained, as well as unstained pieces of cemented floor from inside the house of Shiv Kumar, where the dead body of the deceased was lying. He also recovered an empty cartridge which was lying near the channel gate on the upper floor of the house of the accused Shiv Narayan. The Investigating Officer prepared a site plan, conducted investigation and submitted a charge sheet in the Court, on the basis whereof the accused – respondents were tried for committing offences under Section 302/34, 504 and 506 I.P.C..

Prosecution Evidence

8. During the trial, the prosecuti