JUDGMENT

Navaniti Prasad Singh, J.—Originally, there were two appellants to this appeal. which is directed against the judgment of conviction and the order of sentence dated 4.8.1992 and 5.8.1992 respectively as passed by the learned Sessions Judge, East Champaran, Motihari in Sessions Trial No. 108 of 1990. During the pendency of this appeal, the appellant No. 2 Ram Kumar Singh died and by virtue of order dated 21.4.2006, the appeal insofar as it relates to Ram Kumar Singh was held to have abated as against him. We are thus left with the appeal preferred by the appellant No. 1 Rama Nand Singh son of Ram Kumar Singh.

2. The prosecution case is based upon the Fardbeyan of one Arniri Lal Singh (PW8) as recorded by Sri Raghunath Dubey, Officer-in-charge of Chiraiya Police Station. District East Champaran at Motihart, on 23.3.1988 at 5.15 p.m. at Village-Bela. It is alleged that while the informant and his father Hit Lal Singh were thrashing their agrtcultural crops Masoor and Teesi, appellant No.2 Ram Kumar Singh, who had his house across the road, started abusing Hit Lal Singh. Hit Lal Singh then walked towards the road questioning as to why he was abusing. Ram Kumar Singh also came