IMPORTANT POINT
The judgment underscores the importance of eyewitness testimony and medical evidence in establishing guilt in serious criminal cases, particularly murder.

JUDGMENT :

Hon'ble Vinod Diwakar, J.-We have heard Shri Raghuvansh Misra, Shri Vimlendu Tripathi, Shri Rajeev Lochan Shukla, learned counsels for the appellants, Shri I.D. Mishra learned counsel for the informant and learned A.G.A. for the State.

2. The accused-appellants-Nabi Ahmad, Banta @ Beant Singh, Rizwan, Farookh, Amanveer Singh, Ranjeet Kaur, Karam Singh and Gurpawan Kaur have been convicted in Sessions Trial No. 379 of 2017 (State of Uttar Pradesh v. Amanveer Singh and others) arising out of Case Crime No. 419 of 2017, under Sections 147, 148, 452, 307/149, 302/149, 506 I.P.C., alongwith connected Sessions Trial Nos. 377 of 2017 and 378 of 2017, arising out of Case Crime Nos. 431 of 2017 and 432 of 2017 respectively, Police Station Bisalpur, District Rampur and the maximum sentence of life imprisonment is awarded to all the accused-appellants. The rest of the sentences are lesser sentences, and all the sentences have been ordered to run concurrently.

3. As per the prosecution case, the complainant's real brother Gurcharan Singh was murdered about two and a half years ago due to family enmity over land, whose case is pending trial in District Rampur. An attempt was also made to kill the complainant's real sister, Jaspal Kaur, and its report was registered at P.S. Bilaspur. On 28.6.2017 at around 03.00 p.m., the complainant's father, Sukhwinder Singh, was busy in the demarcation of land with the help of Patwari, Kanoongo and two police officers. All of a sudden, the complainant heard the commotion and saw Amanveer Singh son of Karam Singh, Karam Singh, Ranjeet Kaur, Gurpawan Kaur, Banta Singh, Nabi Ahmad @ Nabia, Farookh Ahmad and son of Nabia Ahmad, alongwith some unknown persons barged into the house of the complainant and shouted, no one should be spared today. After hearing the threatening call, all started running here and there to save their lives. Meanwhile, Amanveer Singh and his accomplice Nabia and Farookh shot at the complainant's maternal uncle Jaspal Singh and caused severe injuries. The complainant's mother also rushed inside the house to save her life. Amanveer shot at her from his pistol and caused grievous injuries to her. The complainant's real sister Jaspal Kaur hid inside the bathroom. Amanveer broke the door and shot her dead. She died on the spot. The complainant and her mother saw Jaspal being shot at; thereafter, Amanveer shot at the complainant's father, Sukhwinder Singh, and somehow he saved his life. The entire incident was captured in a CCTV camera installed at the complainant's house. After hearing the sound of the gunshot, the police and local people arrived, and on their challenge, the assailants fled towards the sugarcane field.

4. On the basis of such written complaint, Case Crime No. 419 of 2017 at P.S. Bilaspur, District Rampur, was registered under Sections 147, 148, 149, 452, 307/149, 302/149 and 506 I.P.C. Thereafter, the police initiated the investigation.

5. Jaspal Singh and Gurmeet Kaur were seriously injured in the shoot-out, whereas Jaspal Kaur died on the spot. The deceased age was 28 years. The following ante-mortem injuries were present on the dead body.

''(a) Traumatic swelling 5cm x 2cm on the back side of the head towards left and was 12 cm above the left ear.

(b) Fire-arm wound of entry 2.5cm x 1.00 cm viscera deep at the back of the chest towards left 9 cm below left shoulder and collar of abrasion was present.''

6. The Doctor opined the cause of death was a result of shock and excessive bleeding due to ante-mortem injuries.

7. The injured Jaspal Singh was immediately taken to the hospital, and he died on the next day i.e. on 29.6.2017, at Gangasheel Hospital following ante-mortem injuries were noticed :

''(a) 1cm x 1cm lacerated wound cavity deep. There was blackening and signs of singing all around the wound in the middle of chest 10 cm towards the centre from right nipple and was in 3 O'Clock position. This wound was wound of entry and the margins were inverted.

(b) Surgical w