JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is by Accused No.1 who alongwith two others faced trial before learned Sessions Judge. Present appellant was convicted under Section 302 read with Section 109 of the Indian Penal Code, 1860 (in short the ‘IPC’). Accused No.3-Bir Bahadur Singh was convicted under Section 302 IPC. Both A-1 and A-3 were sentenced to imprisonment for life. A-3 was additionally convicted under Section 324 IPC. The two appellants before the High Court were acquitted of the charge under Section 307 read with Section 149 IPC and Section 307 IPC respectively. The trial Court however held the third accused Hari Shankar Singh @ Timal Singh guilty in terms of Section 324 IPC. But taking into consideration the young age instead of sentencing him directed him to be released on bail on executing interim bail bonds of Rs.2,000/- or two sureties of like amount. Only A-1 and A-3 preferred an appeal before the high Court.

2. Prosecution version in a nutshell is as follows:

A case was registered in Taraiya Police Station in the district of Chapra on 22nd July, 1987 on the basis of fard beyan (Ext-3) recorded by S.I. Dashrath Singh of Marhawrah P.S on 21st July, 1987 at 10.30 p.m. in the State Dispensary on the statement of one Sharda Devi (P.W.4) wife of late Chintamani Singh of village Sarai, P.S. Taraya in the district of Saran. The informant had gone to Marhaura State Dispensary along with body of her husband who was seriously injured in an incident and there her husband was declared dead by the doctor and on information, Police arrived and recorded her statement. She stated before the Police that on the same day at about 5.30 p.m. when she was in her house, she heard hulla. Thereafter, she came out and saw Bir Bahadur Singh Jaleshwar Singh and Timal Singh of the same village (Sarala) present holding Bhala in their hands and her husband Chitamani Singh was also there. According to her, Jaleshwar Singh told the accused “Maro” (assault) on which Bir Bahadur Singh inflicted a bhala blow in the abdomen of her husband. Then the informant rushed to the rescue of her husband and Bir Bahadur Singh also inflicted a bhala blow which hit her in the finger of her right hand. However, her father-in-law Ram Nigahi Singh and her son Sanjay Singh also came to her rescue but all the three accused persons attacked them with bhala. The bhala which had pearced the abdomen of her husband was pulled out at that time and her husband died instantaneously. According to her apart from her husband, she herself, her son Sanjay and her father-in-law Ram Nigahi Singh had also received injuries in this occurrence and some persons had collected at the place of occurrence. They included, Abhay Kumar Singh (P.W.1), Raghunath Singh and one Yogendra Singh. She however, stated that the other two injured persons who were taken to Hospital at Chapra, would give further details about the assailants in this case. According to her, the cause of occurrence was some dispute between the two parties regarding a piece of land. On the information received by the local Police from the Chapra Hospital, a Police Officer who happend to be the ASI. of Bhagwan Bazar P.S. had reached the Sadar Hospital, Chapra at 10.00 a.m. on 22nd July, 1987 and he had also recorded the statement of Ram Nigahi Singh (PW-3) in the form of a fard beyan (Ext-3/1). However, since the case was registered on the basis of the earlier statement of Sharda Devi, this fardbeyan when received by the I.O. of Taraya Police Station was kept on the record. While P.W.3 was admitted in injured condition in the Surgical ward of Chapra Hospital, he stated before the Police Officer of Bhagwan Bazer P.S. that on the previous day, i.e.,on 21st July, 1987 at about 5.30 p.m. while he was sitting at his Bathan he saw that Jaleshwar Singh, Bir Bahadur Singh and Hari Shankar Singh, were trying to transplant paddy in a chunk of field of this witness by encroaching upon his land. He intervened and p