IMPORTANT POINT
Conviction cannot be sustained when there are glaring inconsistencies in evidences of eye-witnesses and other witnesses.

JUDGMENT (ORAL)

Rakesh Kumar, J.—Since all appellants in aforesaid three appeals were convicted and sentenced in Sessions Trial No. 104 of 2010 and 104-A of 2010 (arising out of Srinagar P.S. Case No. 12 of 2010), all the aforesaid three appeals were heard together and are being disposed of by this common judgment.

2. All the appellants were convicted on 23-01-2014 by Dr. Ram Lakhan Yadav, learned Addl. Sessions Judge Ist, Madhepura (hereinafter referred to as the ‘Trial Judge’) for commission of offences under Sections 148, 323, 302/149 of the Indian Penal Code, 1860 (for short “I.P.C.”) and by order of sentence dated 28-01-2014, all the appellants were sentenced to undergo rigorous imprisonment for three years under Section 148 of the I.P.C. Further, they were sentenced to undergo rigorous imprisonment for life under Section 302 of the I.P.C. and fine of Rs. 10,000/- (ten thousand) each and in default of payment of fine, additional rigorous imprisonment for one year was directed. No separate sentence under Section 323 of the I.P.C. was passed, however; all the sentences were directed to run concurrently.

3. Short fact of the case is that on 17-03-2010 at 19.45 hrs. (7:45 PM), Sub-Inspector of Police, Sri K.B. Singh (P.W.9) of Srinagar Police Station recorded fardbeyan of Suryamani Devi, widow of deceased Kari Mukhiya. The fardbeyan was shown to be recorded at Ram Nagar Godhiyari Chowk, Police Station – Srinagar, District – Madhepura. The informant disclosed in her fardbeyan that on the same date i.e. 17-03-2010 at about 6:30 PM (evening), she with her husband (deceased), son Lal Mukhiya (P.W.10) and daughter Anokha Kumari (P.W.8) were sitting near the door step, in the meanwhile, accused persons (appellants) reached there. In the fardbeyan, in following way, the informant had described regarding arrival of the accused/appellants with carrying different weapons in their hands:

Sl.	Name of the Appellant	Cr. Appeal  DB No.	Appellant in  Carrying in Hand
1.	Batohi Mukhiya	Appellant no.1 in 262 of 2014	Dabiya
2.	Koili Mukhiya	Appellant no.3 in 262 of 2014	Farsa
3.	Fatohi Mukhiya	Appellant no.2 in 262 of 2014	Lathi
4.	Uttimlal Mukhiya	Appellant no.6 in 245 of 2014	Bhala
5.	Dhirendra Mukhiya	Died during trial	Spade
6.	Deepo Mukhiya	Appellant no.7 in 245 of 2014	Lathi
7.	Chhotelal Mukhiya, all Sl. 2 to 7 sons of Batohi Mukhiya	Appellant no.1 in 245 of 2014	Lathi
8.	Krityanand Mukhiya	Appellant no.8 in 245 of 2014	Lathi
9.	Pramod Mukhiya,   both Sl. 8 & 9 sons  of Fatohi Mukhiya	Appellant no.2  in 245 of 2014
10.	Ashok Mukhiya	Appellant no.1  n 285 of 2014	Axe
11.	Prabhash Mukhiya,   both Sl.10 & 11 sons  of Koili Mukhiya	Appellant no.2  in 285 of 2014	Axe
12.	Amirchand Mukhiya	Appellant no.3  in 245 of 2014	Lathi
13.	Birendra Mukhiya, both Sl.12 & 13 sons of late Firoj Mukhia	Appellant no.9 in 245 of 2014	Lathi
14.	Maheshwari Mukhiya	Appellant no.4 in 262 of 2014	Lathi
15	Horilal Mukhiya, both Sl.14 & 15 sons of Ranjit Mukhiya	Appellant no.4 in 245 of 2014	Lathi
16	Arbind Mukhiya S/o Maheshwari Mukhiya	Appellant no.5 in 245 of 2014	Lathi

Thereafter, in the fardbeyan, the informant disclosed that in the meanwhile, Bahoti Mukhiya (appellant no.1 in Cr. Appeal DB No. 262/14) by using filthy language exhorted to kill him (deceased) and all the accused persons surrounded them. On the order of Batohi Mukhiya (appellant no. 1 in Cr. Appeal DB No. 262/14), Ashok Mukhiya (appellant no. 1 in Cr. Appeal DB No. 285/14) gave axe blow on the neck of her husband and Prabhash Mukhiya (appellant no. 2 in Cr. Appeal DB No. 285/14) gave axe blow on the forehead of