JUDGMENT :

NAGARATHNA J.

These appeals have been filed by the appellant informant (PW-7 Rajesh Prasad) assailing the judgment and order dated 5th August, 2009 passed by the High Court of Judicature at Patna in Criminal Appeal Nos.714, 747 and 814 of 2008 by which the judgment of conviction dated 26th June, 2008 and order of sentence dated 30th June, 2008 passed by the Additional District & Sessions Judge, Fast Track Court-V, Munger, has been set aside by allowing the aforesaid appeals and by accordingly answering the Death Reference No.13/2008 and consequently acquitting all the accused.

2. The Court of Additional District & Sessions Judge, Fast Track Court-V, Munger, (hereinafter referred to as the ‘Fast Track Court’) vide its judgment dated 26thJune, 2008 convicted the respondents herein viz., Upendra Ram, Mahendra Ram and Munna Ram. By order dated 30th June, 2021, the Fast Track Court sentenced Upendra Ram to undergo imprisonment for life with fine of Rs.5000/- and in default of payment of fine he was further to undergo rigorous imprisonment for one year for the offence under section 302/34 read with section 120B of the Indian Penal Code (for short, the ‘IPC’) and also sentenced to