1. JUDGMENT :-

This appeal is directed against the judgment of conviction and order of sentence dated 6th September, 1986 by 3rd Additional Sessions Judge, Purnea in Sessions Trial No. 246 of 1984 by which both these appellants were convicted under Ss. 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life. One accused Pagla Singh alias Dularchand Singh was acquitted of all charges, giving him benefit of doubt and these two appellants, who were also charged for committing murder of Ram Saran Singh, were held not guilty by the trial Court and were acquitted of said charge by the same judgment.

2 Shortly stated, the case of prosecution, as disclosed in the fardbeyan (Ext. 5) of P.W. 4, informant Darogi Singh, was that on 15-7-1983 about 4-00 p.m. when he was purchasing vegetables in Khabaspur Hat along with Prithvi Singh (since dead), he was informed by a woman that dead bodies of a male and a female were lying in the way and two children were there who were weeping and then he went towards Kabilashi village and in north of Kabilashi village he found that dead body of Ram Saran Singh with injuries on his neck, chest, side of chest and hand. Further case of prosecution is that when he went ahead, he found his two sisters daughters, Chandra Kala aged about six years and Bukni aged about 2 years weeping and further found the dead body of his sister Jitni Devi with injuries on her neck leg and lower lip and he further claimed that, on his enquiry, Chandra Kala (P.W. 1) told him that appellant Ram Bilash armed with Katta and Lal Bihari Singh armed with bhala inflicted injury to her mother on which she raised alarm and she fell down and slept (meaning dead). It was also mentioned that Sitaram Sah, Nand Lal Singh, Satya Narayan Singh, Kali Charan Singh (all not examined) Sarpanch and Mukhiya arrived there and they saw the dead body. Fardbeyan of Darogi Singh was recorded at 2-00 p.m. on 16-7-83, on the basis of which Forbisganj (Simraha) P.S. Case No. 133 of 1983 was registered against these appellants and the police, after due investigation, submitted charge-sheet and subsequently a supplementary charge-sheet was also filed against Pagla Singh who was later on acquitted after trial. After cognizance and commitment, these appellants and Pagla Singh were put on trial and whereas these appellants were convicted as aforesaid, Pagla Singh was acquitted. These appellants were also acquitted of the charge regarding murder of Ram Sagar (Saran) Singh by the trial Court.

3. From the trends of prosecution witnesses and statement of appellants under S. 313 of the Code of Criminal Procedure the defence appears to be that they were falsely implicated in this case.

4. The prosecution examined altogether seven witnesses in support of its case out of whom P.W. 3 Sk. Sanif was tendered for prosecution and P.W. 2 Deo Nath Jha is a formal witness who proved his signature on the inquest report prepared in his presence. P.W. 7 Kala Devi, widow of deceased Ram Saran Singh, stated about alleged motive of the occurrence that both these appellants were entangled with Uma, who happened to be sister-in-law of deceased Jitni. P.W. 5 is Dr. Salahuddin Ahmad, who held postmortem examination of the dead body of Jitni Devi and proved the post mortem report (Ext. 4). P.W. 6 is S.I. Shrawan Kumar Mahto I.O. of this case. P.W. 4 is Darogi Singh, the informant who is not an eye-witness and his fardbeyan and evidence is based on reported statement of P.W. 1 Chandra Kala Kumari, the minor daughter of deceased aged about six years, at the time of occurrence, and nine years at the time of her examination in Court.

5. P.W. 4 Darogi Singh claimed to have gone to the P.O. on getting information regarding two dead bodies found in the way and found his two sisters daughter, including P.W. 1 and further found the dead body of his sister Jitni Devi lying in the land adjacent south to the road (foot path) with injuries on her person. The inquest