JUDGMENT :

1. Heard Sri Ajay Pandey and Sri Rahul Saxena, learned counsel for the appellants as well as learned A.G.A for the State and perused the record.

2. This bunch of appeals are directed against the composite judgement and order passed by the trial court in Sessions Trial No.98 of 2017, arising out of Case Crime No. 2246 of 2016 (State Vs. Shama and others), whereby the accused appellants have been convicted under Section 302 read with 149 Cr.P.C. and sentenced to undergo life imprisonment with a fine of Rs. 30,000/- together with default sentence.

3. The prosecution case proceeds upon a report (Ext. Ka- 1) as per which the informant Faizulla Khan S/o Tullan Khan is resident of Village Kitnapur, District Pilibhit. On 18.11.2016 at about 6.00 a.m. in the morning all the accused persons entered the house of the complainant and on account of previous enmity dragged his son out of the house to the road with the intention to kill him. All the accused persons were having firearms. Accused Bhola then fired from the licensed gun of Khaleel causing gun shot injury to the deceased. On the intervention of the villagers, all the accused persons ultimately fled from the spot. The informant’s son Yunus later died. The informant initially brought the injured to the police station where he was sent to Primary Health Centre, Bisalpur and then to District Hospital, Pilibhit. He was later referred to District Hospital, Bareilly but he died while on the way to Bareiily. On the basis of such written report, first information report came to be lodged as Case Crime No. 2246 of 2016 on 18.11.2016 at 8.30 in the morning. The place of incident is 4 kilometer from the police station.

4. The dead body of the deceased was taken to the mortuary on the date of incident itself at 4.30 p.m. where inquest followed.

Information with regard to the death has been furnished by the Rehmat Khan S/o Faizulla (P.W.-2). The inquest was completed at about 5.30 p.m. The post mortem was also conducted on the same day at about 11.45 p.m. by Dr. Manjeet Singh (PW- 4). As per the post mortem report, following injuries were found on the deceased during post mortem examination:-

Wound of entry 8 cm above from upper border of left patella on front of the lower portion of thigh with size of wound 10 x 6.5 x inverted & margin lacerated on cutting haematoma present and vessels and mussels damaged.

Wound was through and through and communicating with the external (exit) wound and underneath bone is fractured.

Wound of exit 6 cm. from upper border of popliteal upper fossa on back of left thigh and size of wound is 11 x 6.5, everted margin and casseration. Both the wounds are communicated with each other. Tattooing & blackening & singeing of hair is not present on both the wounds.

5. According to the autopsy surgeon, the cause of death of the deceased was shock and hemorrhage due to ante mortem fire-arm injury.

6. The accused persons were later arrested on 20.11.2016 and the weapon of offence, namely double barrel licensed gun, along with cartridge and two country made pistols etc. were recovered from the accused Khaleel S/o Zafar Khan and Bhola S/o Jamil Khan and others and Case Crime No. 2249 of 2016 and 2250 of 2016, under Section 25/27 Arms Act were registered at 5.10. p.m. on the same day i.e. 20.11.2016.

7. The record further reveals when the injured was taken to the District Hospital, Pilibhit on 18.11.2016, his X-ray was got conducted. The X-ray report is on record (page 17 of the paperbook). Deceased Yunus Khan alias Bhoora had suffered fracture in his left thigh in the femur bone region. This document reveals that at District Hospital, Pilibhit itself the deceased had died. The investigation further proceeded and bloodstained earth and plain earth were collected from the spot by the Investigating Officer (Ext. Ka-15). The weapon of assault i.e. 12 bore double barrel gun and 12 bore used bullet were also produced (Ext. Ka-16). The recovered firearm alongwith used bullet was sent