JUDGMENT :

1. These two appeals have been preferred against a common judgment and order dated 18th September, 2018 passed by the Additional District & Sessions Judge, Court No.2, Ghaziabad in Sessions Trial No. 787 of 2007 (State Vs. Ravindra & Nasir @ Guddu), arising out of Case Crime No. 514 of 2006, under Sections 452/34, 307/34, 302/34 and 120-B/ 34 I.P.C., Police Station-Vijaynagar, District-Ghaziabad, whereby both the appellants have been convicted and sentenced to two years rigorous imprisonment each under Section 452/34 I.P.C. with a fine of Rs. 1,000/- each and in default thereof, they have to further undergo one month additional imprisonment; ten years rigours imprisonment each under Section 307/34 I.P.C. with fine of Rs. 10,000/- each and in default thereof, they have to further undergo six months additional imprisonment each; and life imprisonment under Section 302/34 IPC, with fine of Rs. 10,000/- each and in default thereof, they have to further undergo six months additional imprisonment. Both the appeals are thus being decided by means of this common judgment and order.

2. We have heard Mr. Saghir Ahmad, learned Senior Counsel assisted by Mr. B.K. Pandey, learned counsel for the accused appellant Nasir @ Guddu and Mr. Vijay Kumar Srivatava, learned counsel for the accused appellant- Ravindra and Mr. Arunendray Singh, learned A.G.A. for the State and also perused the entire materials available on record.

3. The prosecution story is that on the basis of written report of the informant- P.W.-1 Sanjay dated 27th August, 2006 (Exhibit-Ka/1) scribed by Balveer Singh, a first information report (Exhibit-Ka/7) has been lodged on 27th August, 2006 at 2330 hrs. against the accused-appellant Ravindra and one unknown person alleging therein that Guddu used to live in the house of informant Sanjay on rent. On August 27, 2006, at around 10:00 p.m. (night), while the informant/P.W.1 was having his dinner in Guddu's room along with Guddu and his wife, Ravindra and one other person wearing a green shirt, came and Ravindra called Guddu and the informant to come out on which they came out. Ravindra said that he after dropping his companion, would come again within two minutes. After dropping his companion, Ravindra came again and called Guddu to come out from his room. The first informant however called Guddu to come back in the room. The companion of Ravindra immediately came on the door of the room of Guddu and with a intention to kill Guddu, fired upon him by country-made pistol (Tamancha), which was in his hand, due to which Guddu sustained three gun shots. When the informant tried to save Guddu, that unknown person i.e. companion of Ravindra with intention to kill fired upon him due to which he also sustained gun shot injuries. The people of locality had taken Guddu to MMG hospital while the first informant/P.W.-1 got himself treated at Sanjeevani hospital and then came to lodge the report.

4. After lodging of the first information report, the Investigating Officer/P.W.-12 inspected the spot and prepared the site plan (Exhibit-ka/5). He also collected the blood stained clothes and pillow cover and prepared the recovery memo of the same. He also took blood stained piece of floor (marble). He also took an empty cartridge. The Investigating Officer has also recorded the statement of the informants, scriber of the written report and other witnesses. The injured Guddu, who was admitted in G.T.B. Hospital Shahdara, Delhi on 27th August, 2006 was declared dead by the Doctor vide death report dated 28th August, 2006 (Exhibit-Ka/10). The dead body of the deceased was sealed and sent for post-mortem under the supervision of Assistant Sub-Inspector Hukum Singh/P.W.-7 after doing inquest of the body of the deceased at G.T.B. Hospital.

5. The autopsy of the deceased was conducted on the same day i.e. 28th August, 2006 at 03.00 p.m. by Dr. Barkha Gupta (P.W.-5). In the opinion of P.W.-5, the cause of death of deceased was haemorrhage shock due