As both the aforesaid criminal appeals have cropped up from the same judgment and order of conviction and sentence, hence, they are taken up together for consideration and disposed of by this common judgment.

2. Heard Sri Kanhiya Prasad Singh, learned senior counsel assisted by Sri Pratik Mishra, learned counsel for the appellant (in Cr. Appeal (DB) No. 522 of 2013), Sri Shekhar Singh, learned counsel for the appellant (in Cr. Appeal (DB) No. 594 of 2013) as well as Sri Ajay Mishra and Sri Satya Narayan Prasad, learned Addl. Public Prosecutors in both the appeals.

3. The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dated 17.04.2013 and order of sentence dated 26.04.2013 passed by learned Addl. Sessions Judge-IV, Naugachia in Sessions Trial no. 826 of 2011 arising out of Gopalpur P.S. Case No. 150 of 2011 whereby the learned trial court acquitted the accused Mukul Choudhary of the charges levelled against him and convicted the accused Bipul Choudhary and Amul Choudhary for the offence punishable under Section 302/34 of the Indian Penal Code and further convicted Bipul Choudhary for the offence punishable under Section 27(i) of the Arms Act and sentenced them to undergo R.I. for life and also slapped them with a fine of Rs. 5000/- each and in default of payment of fine to further undergo R.I. for six months under Section 302/34 of the Indian Penal Code and further sentenced convict Bipul Choudhary to undergo R.I. for three years and also slapped him with a fine of Rs. 5000/- and in default of payment of fine to further undergo R.I. for six months under Section 27(i) of the Arms Act. All the sentence were directed to run concurrently.

4. The factual matrix of the case is that Gopalpur P.S. Case No. 150 of 2011 was instituted under Sections 302/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act against Bipul Choudhary, Amul Choudhary and Mukul Choudhary on the basis of fardbeyan of Ranju Devi W/o Late Subhash Sah recorded by S.I. Rajesh Kumar S.H.O. P.S. Gopalpur on 25.05.2011 at 05:15 PM near Mandal tea shop at Sindhiya Makandpur Chowk with the allegation, in succinct that on 25.05.2011 at around 04:00 PM, husband of the informant had gone to see his under construction house located in the vicinity of Makandpur Chowk . She was also proceeding to her aforesaid house along with her daughter after making purchasing from the market. On the way at around 04:15 PM, she spotted her husband taking tea at the tea shop of Mandal located towards east of Makandpur Chowk. As soon as she arrived near the shop of Mandal along with her daughter, she witnessed a motorcycle halted near the Mandal shop and Bipul Choudhary and Amul Choudhary alighting from the motorcycle arrived at the tea shop and Bipul Choudhary resorted firing upon the temple of her husband from the point blank range by means of pistol and Amul Choudhary uttered that the victim has been eliminated and thereafter both made good their escape on the motorcycle. Then she started screaming along with her elder daughter. Her husband sustaining bullet injury near his temple started writhing and succumbed to his injury after a while on the spot. The bone of contention is said to be that her husband had got the land of the house registered from Uday Choudhary around one year four months back which was protested by Mukul Choudhary. Said Mukul Choudhary has surrendered in the Naugachia court two days back. He happens to be a person of criminal antecedent and due to aforesaid grudge Mukul Choudhary got eliminated her husband by Bipul Choudhary and Amul Choudhary by hatching conspiracy.

5. The aforesaid case was investigated by the police and on conclusion of the investigation, I.O. submitted charge- sheet against the aforesaid accused persons.

6. On receiving the charge-sheet and the case diary and perusing the same, the learned Magistrate took cognizance of the offence and committed the case to the court of sessions, and after