RITU RAJ AWASTHI,J. - (1.) This appeal assails the correctness of the judgment and order dated 18.02.2015 passed by First Additional Sessions Judge, Court No.1, Bahraich in Session Trial No.102 of 2011 (State v. Kaushal Kumar and Another), arising out of Case Crime No.336 of 2009, under Section 302 IPC connected with Session Trial No.103 of 2011 (State v. Kaushal Kumar Verma), arising out of Case Crime No.362 of 2009, under Section 3/25 Arms Act and Session Trial No.104 of 2011 (State v. Ram Naresh Verma), arising out of Case Crime No.363 of 2009, under Section 3/25, Police Station Rupaideeha, District Bahraich, whereby the learned Additional Sessions Judge has convicted the accused-appellants Kaushal Kumar Verma and Ram Naresh Verma and sentenced them to undergo rigorous imprisonment for life with fine of Rs. 5,000/- each under section 302 IPC, in default of payment of fine, they shall undergo six months additional imprisonment and for three years rigorous imprisonment with fine of Rs. 1,000/- each under Section 3/25 Arms Act, in default of payment of fine, they shall undergo three months additional imprisonment. All the sentences were directed to run concurrently.
(2.) Narrated concisely, the prosecution case against the appellants is that on 30.06.2009 the complainant Sanvari Devi filed a written report exhibit Ka-1 stating therein that her husband - Jiledar Verma helped one Hanuman Prasad Verma in the dispute between Hanuman Prasad Verma, Kaushal Kumar Verma and Ram Naresh Verma due to which they always felt inimical towards her husband. In the night of 29/30.06.2009 her husband Jiledar Verma was sleeping inside the house, she was lying next to him and her daughter Mithilesh Devi and son Vinay Kumar Verma were sleeping in the 'basare' of 'Angan', around 02:00 a.m. in the night from eastern door of the house Kaushal Kumar Verma and Ram Naresh Verma came to her husband, immediately both of them were awake. The accused-appellants pushed her husband and fired with a country-made pistol upon him due to which he immediately died. The entire incident was witnessed by the complainant herself, her daughter and her son in the light of a lantern. On raising alarm, Hanuman Prasad Verma and Ram Nivas Verma reached at the spot and saw the accused-appellants fleeing away.
(3.) A first information report was lodged on 30.06.2009 at 04:15 a.m., registered at Case Crime No.336/2009, under Section 302 IPC. The dead body of the deceased was sent for postmortem, which was conducted by Dr. R.K. Jayant, PW-6. The antemortem injuries as per postmortem report (exhibit Ka-4/1) reads as follows: ....[VERNACULAR TEXT OMITTED]....;