CHANDRA MOHAN PRASAD, J.

1. This appeal is directed against the judgment dated 19th January, 2002 of the 6th Additional Sessions Judge, Chapra in Sessions Trial No.43 of 2001 whereby and whereunder each of the appellants has been convicted under Section 307/34 of the IPC and sentenced to undergo ten years RI Appellant Manager Rai has also been convicted under Section 379 of the IPC and sentenced to monetary fine of Rs. 3,000/- (Rupees three thousand) and, in default of payment of fine, to undergo imprisonment for three months.

2. The fardbeyan of the case was recorded by ASI Sri N. Singh on 14th March, 2000 at 7.30 p.m. in PMCH, (Hathua Ward), Patna on Bed No. 7 on the statement of the injured-appellant Suresh Rai who stated that on 10th March, 2000 at about 7.30 p.m., he had returned to his house on tyrecart after selling straw at Chapra and he was feeding his cattle at his darwaja at which time, appellant Shighashan Rai came there and he told him (informant) to accompany him again, as he had some work with him. At this, he (informant) went away with him and Shighashan Rai took him to the tea shop situated at a distance of 500 yards and took tea there and thereafter he took him (appellant) to the house of Ramagya Chaudhary where he saw that three persons were sitting there and they were taking liquor. Seeing him there, Jallandhar Rai (appellant) thrashed him (informant) down on the ground and Kameshwar Rai (appellant) sat on his chest and he (Kameshwar Rai) started slitting his throat with a Fasuli with intention to kill him. Shighashan Rai had caught hold of his (informants) leg and Manager Rai was catching hold of his hands and he (informant) tried to save himself and in course of that, Fasuli assaults were given on his palm and fingers causing cut injuries. While he was on the ground, Rs. 1,500/- had been taken away from his pocket and then the appellant fled away saying that they had completed their work. Receiving the cut-injury, he (informant) began converging and then on hearing hulla, his family members came there and they took him to the house and gave him first aid treatment of Doctor there and on the advice of that Doctor, he was removed to PMCH, Patna. In course of movement to PMCH, Patna, he became unconscious and he regained his consciousness on the day when he gave his statement. He signed the fardbeyan(Ext-6).

3. PW 11 Suresh Rai is the informant himself. He deposed that on 10th March, 2000, at about 7.30 p.m., he had returned to his house after selling straw and while he was feeding his cattle, appellant Shighashan Rai came there and he told :

"Uncle, accompany me, I have got some work with you".

Then the informant further deposes that Shighashan Rai took him to a tea shop situated at a distance of 500 yards and he took tea there. Then Shighashan Rai took him to the house of Ramagya Chaudhary where three persons were taking wine and toddy and that as soon as he (informant) arrived there, Jallandhar Rai thrashed him on the ground there and then Kameshwar Rai sat on his chest and with intention to kill him, started slitting his neck. Manager Rai had caught hand of his shoulder and had gagged his mouth and Shighashan was also catching hold of his (informants) legs. He tried to ward off the assaults with his hands and in that attempt, both of his palms got injured and his throat was also cut. He also says that Rs. 1,500/- was taken out of his pocket. He was in his senses at that time but he got unconsciousness during his removal to PMCH and on 14th March. 2000, when he regained his consciousness in PMCH. Patna, he gave his statement, i.e., fardbeyan and signed over it. The signature has been marked Ext- 1/a. He claimed to have identified the accusedpersons. At para 10 of his cross-examination, he deposed that when the accused had thrown him down on the ground, he had cried but nobody had come there on his cries. He also deposed that no person of the adjacent locality of Ramagya Chaudhary had come there. A