The central legal point established in the judgment is the requirement of proof beyond reasonable doubt in criminal cases, the assessment of witness credibility, and the significance of consistent and reliable evidence in determining guilt or innocence.

JUDGMENT

Satyendra Kumar Singh, J. - Both the above appeals arise out of common judgment, therefore, these are being decided by a common judgment. These appeals are filed under Section 374 of Code of Criminal Procedure (for short be called as 'Cr.P.C.') against the judgment dated 3.11.2011 passed by the learned Court of 5th Addl.Sessions Judge, Indore in S.T.No.771/2009 convicting the appellants Sandeep and Jitendra both for the charges punishable under Section 302 read with Section 34 of Indian Penal Code (for short be called as 'IPC') and sentenced to undergo Life Imprisonment with fine of Rs.2,000/- each, in default of payment of fine amount additional rigorous imprisonment for three months each.

1. In addition to the aforesaid appellant Sandeep has been convicted for the charges under Section 27 of Arms Act also and sentenced to undergo rigorous imprisonment of three years with fine of Rs.1,000/-, in default of payment of fine amount additional rigorous imprisonment for three months.

2. The case of the prosecution in brief is as follows:-

(i) Deceased Mukesh and his wife complainant Prabha were having a tailoring shop named M/s Jay Tailors in Nagin Nagar, Police Station Aerodrome, Indore. In front of their shop there was a CD shop of the appellant Sandeep. One month before the date of incident deceased Mukesh and appellant Sandeep had an altercation about which appellant Sandeep lodged complaint against the deceased. On the date of incident i.e. on 2.4.2009 at about 21.00 PM appellant Sandeep alongwith appellant Jitendra came to the shop of the deceased and thereafter appellant Sandeep fired on deceased with 0.315 bore country made pistol (Kata). Deceased ran away towards house of R.D.Thakur bearing No.29-D, Nagin Nagar and entered into the corridor of aforesaid house. Appellants chased him and dragged him towards road. Thereafter, started assaulting him with pieces of tiles and bricks on his head, face, neck and other vital parts. Upon hearing the noise of gun shot deceased's wife complainant Prabha came out from her house, which is situated near her shop and reached the spot. She tried to save her husband deceased, but appellants pushed her aside.

(ii) Head Constables Sanjay Bhadoriya, Vijendra Sharma, Kailash Mishra and Constables Rajbhan Singh, Gayadeen also reached the spot upon hearing the noise of gun shot and found appellant Sandeep assaulting deceased with pieces of tiles and appellant Jitendra caught hold the deceased. They caught hold appellant Sandeep, while appellant Jitendra flew away from the spot of the scene. On the same day at about 21.05 PM Head Costable Shobharam after getting the information about the incident from control room registered Rojnamcha Sanha No.116(A) dated 2.4.2009 Ex.P/10 at Police Station Aerodrome, Indore and sent the Police party towards the place of incident. On being telephonically informed by the Head Constable Shobharam from P.S., Aerodrome and also by Constable Rajbhan from the place of incident, Inspector Navratan Singh rushed to the spot. Complainant Prabha and deceased's brother Santosh took the deceased to District Hospital, Indore where he was declared dead.

(iii) On being informed by the Compounder of the hospital at about 21.30 PM, Head Constable Shobharam registered the Marg Intimation report Ex.P/3. At about 21.55 PM, ASI Shyam Babu Katare registered the FIR Ex.P/8, on the report of deceased's wife complainant Prabha. Complainant alongwith deceased's brother Santosh returned to the place of incident, where Inspector Navratan Singh in front of them made search of the body of appellant Sandeep and found 0.315 bore country made pistol (Katta) (Article A/2) alongwith one fired cartridge (Article A/3). He seized the same as per seizure memo Ex.P/10, arrested appellant Sandeep as per arrest memo Ex.P/12. Thereafter, seized the blood stained cloth worn by appellant Sandeep as per seizure memo Ex.P/11, prepared spot map Ex.P/9. He also seized plain and blood soaked cotton, blood stain