JUDGMENT

S.B. Sinha, J. — The Appellants herein are brothers. They were charged with commission of an offence punishable under Section 302 read with Section 34 of the Indian Penal Code for causing the death of one Devaji and for committing an offence punishable under Section 324 read with Section 34 of the Indian Penal Code for causing hurt to Mina Yenurkr and her brother Dilip Yenurkr.

2. The deceased admittedly was the uncle of the Appellants. Injured Dilip and Mina are his son and daughter. He had three other sons, viz., Jaywanta, Umakant and Navin Nischal as also a daughter by the name of Hemlata. The incidence took place on 11.12.95 at about 7 a.m. Dilip was allegedly going to a Pan Shop early in the morning. When he crossed some distance, Appellant No. 2 allegedly came out with a stick and hurled some blows on him. Mina (PW-1) seeing this is said to have raised hue and cry. The deceased Devaji came out thereafter and made endeavours to rescue him. At that time Surendra Appellant No. 1 allegedly took out one ubhari (a big stick) from a bullock cart and assaulted him. Mina went to police station and filed a complaint which was marked as Ex. P-29. However, a First Informati