Pratyush Kumar, J. - (1.) Since these appeals arise out of the same incident and have been filed against the same impugned judgment and order, they are being disposed of by a single judgement.
(2.) Five accused appellants have filed two separate appeals under Sec. 374 Cr.P.C. against the judgement and order dated 2nd February, 2007 passed by Sri Vinay Kumar Mathur, the then District & Sessions Judge, Shrawasti in Sessions Trial Nos. 10A/1999, 10/1999 (State v/s. Channan and two others) under Ss. 147, 148, 149, 302, 506 I.P.C. Police Station Bhinga, District Shrawasti, whereby the appellants in Criminal Appeal No. 380 of 2007 (Khalil and two others v/s. State of U.P.) and in Criminal Appeal No. 379 of 2007 (Channan @ Surendra Kumar and another v/s. State of U.P.) assail the correctness of their conviction and sentences to wit, under Sec. 148 I.P.C. to undergo rigorous imprisonment of three years and to pay fine of Rs. 2,000/ - in default thereof to further undergo rigorous imprisonment of three months and under Ss. 302/149 I.P.C. to undergo imprisonment for life and to pay fine of Rs. 10,000/ - in default thereof to further undergo rigorous imprisonment of six months and further under Sec. 506 I.P.C. to undergo three years rigorous imprisonment and to pay fine of Rs. 2,000/ - in default thereof to further undergo three months rigorous imprisonment.
(3.) In the matter in hand, the prosecution version in brief may be summarized as under: - - On 2nd August, 1999, at 6.35 p.m. at Police Station Kotwali Bhinga, Lahar Prasad Verma gave a written report mentioning therein that he alongwith his nephew Sarabjeet, brother Bachha Ram, Advocate, co -villagers Prem Babu and Ram Fhakere Verma were returning to their village by bicycles. In front of Shivajot on metaled road, dip was broken so they alighted from the bicycles and crossing the water on foot at 5.30 p.m. His brother was the head of them. At that moment from the left side of the road, Channan, Nizamuddin alias Pandey armed with country made pistol came on the road and fired at his brother who fell down. From the right side of the road, Khalil, Munna Ram Tiwari, Deputy Pandey armed with 'Gadasa' 'Pharsa' and 'Gupti' came their and started to shower blows from their weapons on his brother. His brother had old enmity with the accused persons. They had murdered his brother on the spot. When they tried to rescue his brother, accused threatened them if they proceeded further they would be shot down and they thereafter escaped towards northern side. Dead body looked after by Prem Babu and Ram Phakere, was lying on the spot. He had come to lodge the F.I.R.;