- (1.) Heard learned counsel for the parties.
(2.) The appeals are preferred by the accused-appellants against the conviction and sentence imposed by the Sessions Court and affirmed by the High Court vide judgment and order(s) dated 09.10.2009 for commission of offence under Section 302, IPC.
(3.) Short facts of the case are that the first informant- Rajendra Singh, resident of Baijnath, Police Station Ramgarh, District Bhabhua, Bihar was preparing for civil services at Allahabad and his brothers Surendra Singh and Abhinav Rathore were residing at Varanasi. A week prior to the incident, the first informant had come to Varanasi from Allahabad. His younger brother Surendra Singh-deceased was working with Topkan Opticals Rathyatra. On 18.02.2000 at about 9 p.m., when his brother did not return from work place, Rajendra Singh went to look for him towards Mahavir temple. At about 9.30 p.m. Surendra Singh met him near Mahavir temple and they started walking towards their house. The deceased was walking 5-6 paces behind the complainant along with his bicycle. At about 10 p.m., near the house of Pramod Dubey, the accused- Kali Prasad @ Paintol and Santosh Kumar Singh, armed with country made pistol, came from the side lane, caught hold of his brother-Surendra Singh and fired at his neck and temple (Kanpati). Hearing the shrieks of the complainant, constable Nepal Singh (PW-3) who also resided in the same locality came out of house and challenged the accused, who ran away. Surendra Singh died instantaneously. A number of close by residents arrived at the scene. The complainant was able to recognize the accused in the light of electric bulb. Ram Narayan was alleged to be the master-mind behind the occurrence who had conspired with the accused to eliminate the deceased.;