Asok Kumar Ganguly, J. - (1.) Several appeals were heard together as they arose out of similar incidents and some common questions are also involved.
(2.) The prosecution version as unfolded in the case is that on 29.11.2000 around 7:10 P.M. one Pappu @ Prakash Tripathi (PW-3) was in his apartment. Then on hearing the firing of three shots, he came out of his apartment and saw a light blue coloured scooter, which was parked in front of the apartment, was being started by a man and after him two other persons also boarded that scooter. PW-3 also saw a Matiz car which was parked by the side of the road and he saw the body of Mallu Bhaiya, the deceased, half inside the car and the other half was lying outside the same. PW-3 further saw that after starting the scooter, those persons drove it towards the road and took a turn to the right and drove towards the side of Dainik Bhaskar Press. PW-3 further deposed that at the time those persons left in the scooter they were "turning their heads back". Then PW-3 came outside his apartment and started shouting.
(3.) The further evidence of PW-3 is that he immediately ran towards the deceased and found there was no movement in the body. On hearing the shots and the shouts of PW-3, the nearby cable operator Brajendra Keshwani (PW-17), Umesh Singh (PW-2) and one Gopal Jain (not examined by the prosecution) came to the place of incident. Then PW-3 with the help of those persons put the deceased on the back seat of that Matiz car. PW-3 drove that car with PW-2 in the front seat to Marble Hospital and PW-3 got the report written in the hospital which is marked Exhibit P-11.;