Reliance on trustworthy and reliable prosecution evidence, including eye-witness testimony and medical evidence, to affirm the conviction and sentences of the appellants.

M.A. Siddiqui, J.

1. Since both the appeals arise out of common judgment, hence they are being decided by this common judgment.

2. These appeals have been preferred by the Appellants feeling aggrieved against the judgment dated 29.03.2003, delivered by the then Addl. Sessions Judge, Nawgaon, District-Chhatarpur in Sessions Trial No. 67/02 convicting the accused-Appellants under Section 302/ 149 of IPC sentencing them to life imprisonment with fine of Rs. 1,000/-,in default of payment of fine amount, Appellants to undergo further S.I for one year , Under Section 395 IPC sentencing them to suffer rigorous imprisonment for five years and fine of Rs. 1,000/-, in default of payment of fine Appellants have to further undergo S.I. for one year, Under Section 323/ 149 IPC R.I. for one year, Under Section 25(1)(a) of Arms Act R.I. for one year and fine of Rs. 500/-, in default of payment of fine, Appellants to further undergo S.I. for three months and Under Section 27 of the Arms Act, Appellants were sentenced to R.I. for one year and fine of Rs. 500/-, in default of payment of fine, Appellants to further undergo S.I. for three months.

3. Undisputedly, total six persons including Appellants were prosecuted, out of which two persons Mahipal Singh and Manvendra Singh were acquitted by the trial Court whereas Santosh Singh and Tinku @ Farari Raja died during trial in an encounter with the police so only the present Appellants were convicted by the trial Court.

4. In nut shell the prosecution case is that on 8.10.2001 at about 4 PM, when complainant Rajesh Dixit (PW.1) was coming from his school to his house at village-Urdmau, as soon as he reached to the western main gate of his house, he saw that from the eastern side seven persons entered into the house. He saw from the side of the door that his uncle Munna @ Jagdish was sitting in the verandah and before him one Rampal was sitting on a chair, these seven persons went near Munna @ Jagdish and out of them, one person pointed a Katta (country made pistol) on the chest of Munna @ Jagdish and another person pointed another Katta on Rampal and asked him that if he does not belong to the house then option was given him to go away. Thereafter the person who was pointing the Katta towards Munna @ Jagdish fired it, Munna @ Jagdish tried to escape from there, but bullet hit him on the stomach, then another miscreant fired at the head of Munna @ Jagdish, Munna @ Jagdish fell down due to injuries sustained by him and died on the spot. Then four persons trespassed the house and started beating ladies and 5-6 rounds were fired. Complainant Rajesh was frightened and he did not move from the hidden place, side of the door and remained there. Then after 10 minutes all four persons came out , when they came nearer to him then he recognized that out of them three persons were Santosh Singh (since dead), Balvir Singh (Appellant in Criminal Appeal No. 1044/05) and Tinku Raja (since dead). All three persons looted one 315 bore rifle and one 12 bore gun of Munna @ Jagdish and a muzzle loading gun of father of the complainant and they came out. They were saying that "is there any Pandit who can have the courage to come in front of Thakurs", thereafter using filthy language they went towards Talaiya. As miscreants have left the place, Rajesh (PW.1) went inside the house, he saw that Munna @ Jagdish was dead due to gun shot, then he saw that in the courtyard his aunt Lajjadevi (PW.8) was lying smeared in blood and there was bleeding in her head. Another aunt Premvati (PW.2) was also injured and his cousin Chanda (PW.6) was also injured. On being asked they told that four miscreants have beaten them and have looted three guns and the miscreants can be recognized by them.

5. Rajesh (PW.1) reached PS-Garhimalhara and lodged named report against three accused and Ors. vide Ex.P/2 on which Crime No. 133/2001 under Sections 396, 302 and 307 IPC was registered. On the information given by Rajesh (PW.1) Marg vide Ex.