Ghanshyam Prasad, J.

1. Both the appellants have called in question the judgment of conviction dated 20.1.2006 as well as order of sentence dated 21.1.2006 passed by Shri Ajit Kant Sharan, Fast Track Court No. 3, Gopalganj in Sessions Trial No. 109 of 2003/304 of 2005. Both the appellants have been convicted under Secs. 302/34 and Sections 307/34 Indian Penal Code, 1860 as well as u/s. 27 of the Arms Act and have been sentenced to undergo R.I. for life under Secs. 302/34 Indian Penal Code, 1860 and to pay fine of Rs. 3,000.00 each and in default to undergo simple imprisonment for six months, undergo R.I. for seven years under Secs. 307/34 I.P.C, and to pay fine of Rs. 1,000.00 and in default to undergo S.I. for two months and further to undergo R.I. for three years with fine of Rs. 500.00 u/s. 27 of the Arms Act. All the sentences have been directed to run concurrently.

2. This is a case of double murder. The informant is father of one of the deceased, namely, Bhaskar Nath Tiwary @ Shyamunath Tiwary. The informant Dhrupnath Tiwary (P.W.3) on 28.12.2000 at 6.00 P.M. lodged fardbeyan (Ext. 5) before Officer Incharge, Malagarh P.S., namely, Krishna Kumar Diwakar (P.W.11) alleging therein that at about 5 O Clock in the evening he alongwith his father Sudarshan Nath Tiwary (P.W.1), uncle Rambali Nath Tiwary (P.W.2) and cousin Chunnu Nath Tiwary was getting their field irrigated. His son Bhaskar Nath Tiwary, aged about 12 years, was also present there. All of a sudden accused-appellant Subhendu Nath Tiwary armed with sword alongwith his two associates including accused-appellant Kanahaiya Kurmi armed with Katta appeared on spot and accused-appellant Subhendu Nath Tiwary gave a sword blow on the neck of his son upon which he fell down on the ground. He ran to save his son upon which his other two associates began to open fire from their respective arms. In the meantime, again accused-appellant Subhendu Nath Tiwary gave another sword blow to Bhaskar Nath Tiwary as a result he died at the spot.

3. It is further alleged that in the meantime, a large number of villagers rushed to the spot upon which all the three accused persons including these appellants began to flew towards west and in course of it they also opened indiscriminate firing as a result of which another victim, namely, Dhiraj Prasad received fire arm injuries. He was removed to hospital by his family members who ultimately also died in course of the treatment.

4. According to the informant about three years ago, he and the accused-appellant Subhendu Nath Tiwary jointly purchased a piece of land. The land was amicable divided between them and they began to cultivate the same peacefully, However, later on, the accused-appellant Subhendu Nath Tiwary asked for exchange of his share of land but the informant refused which prompted him to commit murder of his son in association of other accused persons.

5. P.W.11 Krishna Kumar Diwakar, A.S.I, after recording fardbeyan took up investigation and forwarded the same to Majhagarh Police Station for institution of the case. However, on that very day, he did not prepare inquest report of the dead body, Even the dead body of Bhaskar Nath Tiwary was not removed from the P.O. and was left under watch of Chaukidar. On the next day, i.e. 29.12.2000 at 6.00 A.M., he again came to the P.O., prepared inquest report of the dead body (Ext. 7) and sent the same to Sadar Hospital for autopsy. The inquest report of another deceased was also prepared on the same day in Hospital, which is Ext.7/1. Postmortem of two respective dead bodies were done by P.W.6, Dr. Ashok Kumar Choudhary and P.W.7, Dr. Rajendra Thakur. After completion of investigation, chargesheet was submitted by P.W.11.

6. Apart from plea of innocence and false implication with ulterior motive, the appellants have no other defence. Not a single witness has been examined on their behalf to strenghthen their defence.

7. On the other hand, in order to prove the charges levelled ag