1. There are two appeals. Criminal Appeal No.376/84 has been filed by accused Harendra Prasad and Mahadeo Hazra and Criminal Appeal No.329/84 has been filed by other six accused, namely, Brahmdeo Hazra, Ramdeo Hazra, Sonelal Hazra, Jamuna Rai, Ramashish Rai and Charitar Rai. Since both appeals arise out of the same judgment, dt.30-3-1984 passed by the First Additional Sessions Judge, East Champaran at Motihari, with the consent of the learned counsel for the parties and for the sake of convenience they have been heard together and are being disposed of accordingly.

2. Appellants-accused Harendra Prasad and Mahadeo Hazra of Criminal Appeal No.376/84 have been convicted for the charge under S.302 of the I.P.C. (hereinafter referred to as the Code) and both of them have been sentenced to suffer rigorous imprisonment for life. They have been further convicted under S.148 of the Code and under this charge both of them have been sentenced to suffer rigorous imprisonment for three years whereas the other accused of Criminal Appeal No. 329/84 have been found guilty by the trial court of the charges under S.302 read with S.149 of the Code and each one has been sentenced to suffer rigorous imprisonment for life. They have been further found guilty of the charge under S.147 of the Code and under this charge each one has been sentenced to suffer rigorous imprisonment for two years.

3. The case against them arose on the statement of informant Ramjee Sah (P. W.6). The incident of murder as reported by him took place on 12-8-1977 at about 8 A.M. In the morning, he lodged report regarding it at the Police Station Dhaka. The murder took place in a field in village Baghmarwa Sareh. This village falls under the Police Station of Dhaka in the district of East Champaran. All these accused persons in the company of each other caused the murder of Langatu Sah, the father of the informant (P.W.6). The specific case against accused Harendra Prasad and Mahadeo Hazra is that both assaulted the deceased (Langtu Sah) with garsa on the neck as a result of which the head of Langatu Sah was severed from the trunk.

4. The prosecution case is that, in the morning, the informant (P.W.6) and his father were working in the field. All of a sudden, all the accused persons came over. Accused Mahadeo Hazra was carrying a gupti, where as other accused persons were found with garsa. No sooner they reached near Langatu Sah, accused Harendra Prasad gave order for assault and at the same time he threw his gupti and took the garsa from the accused Mahadeo Hazra and hit Langatu Sah on his neck. Thereafter Mahadeo Hazra again took back the garsa from the hand of Harendra Prasad and then he too gave garsa blow on the neck of Langtu Sah. Langatu Sahs head got severed from the trunk of the body. All the accused then had fallen upon the informant (P.W.6) as well and one of the accused Ramdeo Hazra had assaulted him with farsa which hit his right thumb. His case is that he ran away and straight went to the police station for lodging a report regarding the occurrence. First information report was recorded and the case registered against the accused persons.

5. The police came to the village, took up investigation, prepared the inquest report, despatched the dead body to hospital and got the post mortem examination done and after completing investigation, submitted charge-sheet sending up all the accused named above for taking their trial on the charge of murder of Langatu Sah.

6. In the trial stage, the prosecution examined nine witnesses, out of whom P.Ws.1 and 6 are said to be eye-witnesses, P.Ws.7 and 8 are the two doctors. P.W.7 examined the injury found on the body of the informant P.W.6 and it was doctor (P.W.8) who conducted the post mortem examination. The post mortem report has been proved as Exhibit 5. The other witnesses P. Ws. 2, 4 and 5 have been declared hostile by the prosecution and it appears that the trial court did not place reliance on their testimony.