Sanjay Kumar Pachori,J. - (1.)The present appeals have been preferred by the appellants against the common judgment and order passed by Additional District & Sessions Judge, Court No. 2 Mathura, on 16.5.2011 and 18.5.2011 in Sessions Trial Nos. 40 of 2008, 207 of 2008, 208 of 2008, and 73 of 2008 arising out of Case Crime No. 681 of 2007 Police Station (PS.) Highway, District Mathura, whereby the appellants Jagdish and Manoj Kumar have been convicted for the offences punishable under Section 302 read with 34 of Indian Penal Code (in short "I.P.C."). The punishment awarded to the appellants for their conviction noticed above is as follows; imprisonment for life with a fine of Rs. 20,000/- each and default sentence of one year under Section 302 read with 34 of I.P.C. Learned trial court acquitted other co-accused Raghunath and Sahukar under Section 302 read with Section 34 of I.P.C. and the appellants Jagdish and Manoj Kumar under Section 25 of Arms Act and no Government appeal/s was/were reported to be pending against the aforesaid acquittal. Since the abovementioned appeals arise from a common judgment of the trial court, it will be proper for us to deal with these appeals in a common judgment.
PROSECUTION CASE

(2.)The brief facts of the case, as unfolded by the prosecution are as follows: On 10.11.2007, at 10:35 A.M., Mangal Singh (PW-1), the father of the deceased Kamal Singh, gave a written complaint (Ex.Ka.-1) at P.S. Highway, District Mathura, stating that his son Kamal Singh (deceased) returned back after attending the call of nature on 10.11.2007 at about 9:30 A.M. then Manoj and Jagdish, who had skimmers (Paunia/unlicensed gun) in their hands and Raghunath Singh and Sahukar, who had lathies in their hands, surrounded his son in the field of Prem Singh; then Raghunath and Sahukar shouted that his father poses himself to be great litigant, kill him and don't let him escape, at the same time Manoj and Jagdish shot fire at his son Kamal Singh with their skimmers (Paunia/ unlicensed gun). On hearing the gunshots, he along with his elder son Lakhan (PW-2), who were standing on the tubewell of Prem Singh, reached the spot. After hearing the noise, Raghuvir Singh, Moolchand, (not examined) and his 15 years old daughter Rekha (PW-3), who was coming from the field after dumping the cow dung, rushed to the spot. On seeing many people coming from the village, accused persons fled away towards their house threatening them to kill. Injured Kamal Singh, who tried to run towards his house after being shot, fell on the ground after 15-20 steps and died on the spot.
(3.)On the basis of a written complaint (Ex.Ka.-1) of Mangal Singh (PW-1) which was scribed by Mahavir Singh, an FIR dated 10.11.2007 (Ex.Ka-16) was registered as Case Crime No. 681 of 2007 under section 302 I.P.C. against the appellants and co-accused Raghunath Singh, and Sahukar at PS. Highway, District Mathura, at 10:35 A.M. by Head Constable (HC) 124 Ramesh Chand (PW-5) and he entered the FIR in G.D. Report No.19 at 10:35 A.M. on 10.11.2007 (Ex.Ka.-17). The distance between the place of the incident and the Police Station is 16 Km. The special report (SR Report) of the present case had been sent to the Magistrate on the same day at 16:20 hours. After lodging the F.I.R. of the case, Sub-Inspector (S.I.) Rakesh Kumar Awasthi (Station House Officer (SHO) /PW- 4) himself took over the investigation of the case and he along with S.I. Netrapal Sharma (not examined) reached the place of occurrence. S.I. Rakesh Kumar Awasthi after inspecting the place of the incident, as pointed out by the informant (PW-1), prepared a site map (Ex.Ka-2) of the place of the incident. He also recovered blood-stained and plain earth from the place of the incident in presence of witnesses and prepared a seizure memo (Ex.Ka-3). The proceedings of the inquest were commenced at 11:05 A.M. and completed at about 12:15 P.M. by S.I. Netrapal Sharma under the direction of S.I. Rakesh Kumar Awasthi and in presence of Panchan (witnesses) at the spot and the inquest report (Ex.Ka-4) and other police papers i.e. letter to Chief Medical Officer, Photo Nash, Challan Lash and letter to R.I. (Ex.Ka-5 to Ex.Ka-7 and Ex.Ka.-24) were prepared for getting a post-mortem of the body of the deceased. The body of the deceased was sent for autopsy along with copy of the Chick FIR (Ex.Ka.-8) and other police papers through Constable No. 448 Ratan Kumar and Constable No. 147 Ashok Kumar. The statements of eyewitnesses Mangal Singh, Lakhan Singh, Raghuvir Singh and Moolchand have been recorded by the investigating officer (I.O.), under Section 161 Cr. PC. on 10.11.2007.