Hon’ble Prafulla C. Pant, J. : Both these appeals are directed against the judgment and order dated 28.06.2007, passed by Sessions Judge, Udham Singh Nagar in Sessions Trial no. 350 of 2004, Sessions Trial No. 351 of 2004, and Sessions Trial No. 352 of 2004, whereby said court has convicted accused/appellant Shompal under section 302, 452, 307/34 Indian Penal Code, 1860 (for short IPC), and under section 25 Arms act, and another accused/appellant Rohit @ Rohtas under section 452, 307, 302 read with section 34 IPC, and also under section 25 Arms Act. Accused/appellant Shompal has been sentenced to imprisonment for life and directed to pay fine of Rs. 10,000/- under section 302 IPC, and rigorous imprisonment for a period of five years under section 307/34 IPC, rigorous imprisonment for a period of two years under section 452 IPC, and rigorous imprisonment for a period of one year under section 25 Arms Act. Accused/appellant Rohit @ Rohtas has been sentenced to imprisonment for life, and directed to pay fine of Rs. 5,000/- under section 302/34 IPC, rigorous imprisonment for a period of five years under section 307 IPC, rigorous imprisonment for a period of two years under section 452 IPC, and rigorous imprisonment for the period of one year under section 25 Arms Act.

2. Heard learned counsel for the parties, and perused the lower court record.

3. Prosecution story, in brief, is that in the intervening night of 20th and 21st of July 2004, at about 11:30 p.m., P.W.1 Omprakash (complainant) alongwith his wife P.W.2 Shanti Devi were sleeping in the courtyard of their house in Village Ahmad Nagar within the limit of Police Station Gadarpur District Udham Singh Nagar. In the same house in another room, their son Balbir Singh (deceased) and his wife Pushpa (P.W.4) were sleeping. Accused/appellant Shompal alongwith his one associate (Rohit @ Rohtas) came in the courtyard and called Balbir Singh. When Balbir came out in the courtyard accused/appellant Shompal fired a shot from a country made pistol at him. After receiving fire arm injury Balbir Singh fell down on the cot of his mother. To save her son, Shanti Devi covered by lying down over injured Balbir, on which the associate (Rohit @ Rohtas) of the accused/appellant Shompal fired shot from the country made pistol in his hand, and Shanti Devi also got injured in the incident. The incident was also witnessed by Pushpa (P.W.3), wife of the deceased who had also come from her room to the courtyard. After the incident, the two accused ran away. Information was given to the police on which the police jeep came in the village, and the injured were taken firstly to Gadarpur Hospital, from there to Rudrapur, and finally base hospital Haldwani. Meanwhile, Balbir Singh succumbed to the injuries and died before reaching Haldwani. Injured Shanti Devi (P.W.2) was admitted in the hospital at Haldwani. At about 4:30 a.m. (on 21.07.2004) P.W.1 Omprakash lodged the first information report (Ex.A1) at Police Station Gadarpur. On the basis of the report, crime no. 208 of 2004 was registered relating to offences punishable under section 302, 307 and 452 IPC, against the two accused i.e., Shompal and a unknown person. Meanwhile, at S.S. Jina Base Hospital, Haldwani, at about 3:40 a.m. (on 21.07.2007) P.W.5 Dr. S.B. Olee recorded injury on the person of Shanti Devi, and prepared injury report (Ex.A3). The investigation was taken up by P.W.9 Sub-Inspector P.K. Tyagi. At about 7:15 a.m., on 21.07.2004, P.W.11 Sub-Inspector Ram Kumar Juyal took the dead body of Balbir Singh in his possession from S.S. Jina Hospital, Haldwani, and prepared inquest report (Ex.A27). He also got prepared police form no. 13 (Ex.A28), sketch of the dead body (Ex.A29), letter to Chief Medical Officer (Ex.A30) requesting for post-mortem examination of the dead body. P.W.4 Dr. Vimal Kumar conducted post-mortem examination on the dead body of Balbir Singh on 21.07.2004 at about 1:45 p.m. He recorded the fire arm wound of entry