JUDGMENT :

K. SURENDER, J.

1. The appellants were convicted for the offence under Section 307 r/w 34 of IPC, A1 was also found guilty for the offence under Section 25(1)(a) of Arms Act and A2 for offence under Section 27 of the Arms Act.

2. Briefly, the case of the prosecution is that PW-1 questioned A3 (died) about his illegal activities of grabbing of plots allocated to the members in the locality. On 13.02.2007 in the evening while PW-2 (victim and injured) was on his scooter going to the under construction plot, he saw PW-1 and asked him to come to his under construction house. PW-2 reached the under construction house at 7.15 p.m. PW-1 also arrived at the scene. PW-1 saw that A2 fired at him from the back. PW-2 threw his cell phone at A2. Both A3 (died) and A4(acquitted) were standing near the stair case of the under construction house. PW-1 started hurling stones on the appellants. The appellant and others fled the scene. According to PW-2, A2 fired with pistol which was marked as MO1 and A1 was standing with dragger MO2. Having received bullet injury, PW-2 became unconscious and PW-1 joined him in the hospital. Both the appellants were strangers to PWs. 1 and 2. Test Identifica