JUDGMENT :

AJIT SINGH, J.

1. Heard Sri Chetan Chaterjee and Miss Nishi Mehrotra, learned Amicus Curiae for the appellants-accused, learned A.G.A. appearing on behalf of the State and perused the record.

2. This criminal appeal has been preferred against the judgment and order 22.10.2012 passed by Special Judge (E.C. Act), Mirzapur in Sessions Trial No. 14 of 2010 (State vs. Hari Narayan and Others), arising out of Case Crime No. 1096 of 2009, whereby the appellants have been convicted and sentenced under section 307/34 IPC for life imprisonment and fine of Rs. 3,000/- and in default of payment of fine the accused shall undergo one year additional imprisonment, one year R.I. Each under section 504 I.P.C. and fine of Rs. 1,000/- each and in default of payment of fine accused shall further undergo three months R.I. 4 years months R.I. under section 506 I.P.C. and a fine of Rs. 2,000/- each and in default of payment of fine the accused shall further undergo eight months additional R.I. All the sentences shall run concurrently.

3. The FIR of this incident was lodged by Hari Kumar Gaur, informant on 16.10.2009 at Police Station Chunar, District-Mirzapur and it was mentioned in the FIR that on 16.10.2009 at about 8:30 p.m. the informant his cousin brother Yogesh Kumar and his uncle Sadanand Gaur had gone to their field for irrigation. At about 9:16 p.m. accused Hari Narain @ Devganda @ Jhinguri son of Shyama Bind, who used to work as labour, was residing at his in-laws house along with his wife and kids. About one year ago a slanging match (exchange of) abusive terms. took place between the aunt of the informant and the wife of the accused Hari Narain @ Devganda @ Jhinguri and due to that reason there was enmity between them. The accused threatened with dire consequences but the informant did not take it seriously. The other accused Mukesh used to come to Village-Deogauda, that's why he was known to the informant. At about 9:15 p.m. both the accused persons reached near the field on their motorcycle. Upon seeing the brother of the informant, both the accused used filthy language and at that point of time the accused Mukesh put off his pistol and as an when brother of the informant Mahesh tried to run away, the accused Hari Narain @ Devganda @ Jhinguri shot fired on the back of Mahesh. We were afraid and ran away towards the field. Mahesh fell on the ground. After attacking Mahesh both the accused fled away from the scene on their motorcycle. The injured was taken to Mirzapur Hospital from where he was referred to B.H.U. Hospital after first aid.

4. The case was registered against the accused persons. After investigation, the police submitted charge-sheet under sections 307, 504 and 506 IPC. The learned Magistrate summoned the accused persons and committed them to Court of Sessions as prima facie charges were for offences under Sections 307, 504 and 506 I.P.C.

5. On being summoned, the accused-appellants pleaded not guilty and claimed to be tried. The learned Sessions Judge framed charges under Sections 307, 504 and 506 I.P.C.

6. The Trial started and the prosecution examined 6 witnesses who are as follows:

7. In support of ocular version following documents were filed and proved: