The central legal point established in the judgment is the reliance on the informant's testimony, corroborating witnesses, and the dying declaration of the deceased to prove the appellants' involvement in the offense beyond reasonable doubt.

Shiva Kirti Singh and Syed Md.Mahfooz Alam JJ.

1. By the judgment under appeal dated 23.12.1987 passed by Sri B.N. Singh, Sessions Judge, West Champaran, Bettiah in Sessions Trial No. 193/1983, all the three appellants have been convicted for the offence u/s. 302 read with Sec. 34 of the Indian Penal Code and have been awarded imprisonment for life. Three other co-accused, who faced the trial along with the appellants, have been acquitted by extending them the benefit of doubt.

2. The prosecution case, as appearing from the first information report lodged by Anullah Khan (P.W. 7), is in brief to the effect that on 28.11.1982 the informant and his brother-in-law (Bahnoi) Sk. Ashique (deceased) went to a place Marzadwa by 12 O clock train for a purpose stated in the F.I.R. and came back to Narkatiaganj Station on 29.11.1982 at 3.00 A.M. After getting down at the station they proceeded towards their house at village Deulia through path along with railway track going from Narkatiaganj to Raxaul and when they reached near the outer signal of Raxaul Railway line, the deceased noticed coal pieces lying amongst ashes discharged by a train and he started picking up the same. The informant sat down to pass urine. At about 4 A.M. two sons of Yasin Mian caught hold of the informant and Abdullah Ansari of Misrauli caused injury to the informant on head with Gransa. Younger son of Yasin also caused him an injury with Gransa on the head. Abdullah Ansari of Misrauli caused injury over his neck also. In the meantime, Abdullah of Deulia (appellant no. 1) and his brother-in-law (Sala), Yasin Mian (appellant no. 2) and Kasim Ansari (appellant no. 3) threw the deceased on the ground and all the three appellants started inflicting injuries to the deceased with Gupti while uttering to kill the deceased. On this the accused persons who had assaulted the informant went near the deceased Sk. Ashique and the accused persons dragged him across the railway line towards north and continued to assault him. The informant managed to flee away and raised Hulla after reaching village Deulia. On getting knowledge from the informant, Shekh Lateef (P.W. 5), Shekh Mustakeem (P.W. 4) and informants brother Sahfullah Khan (P.W. 3) went running to the place of occurrence and then the accused persons fled away. Sk. Ashique (deceased) was carried to his home and thereafter he was taken to the hospital. At the hospital he was declared dead then the dead body was brought to the Police Station and from there to the Railway Police Station which had jurisdiction over the case.

The reason for the occurrence is said to be marriage of the informant with daughter of Abdullah Ansari (appellant no. 1). This was disliked by Abdullah Ansari and he lodged a case of abduction and with the help of police of Shikarpur Police Station, the informants wife was taken away from his house and the informant had been sent to jail. He could come out from jail custody after two months and the case was still pending in Court. According to the informant, the accused persons wanted to kill him and marry the girl with some other persons. The informant had been living at Deulia with the deceased and was engaged in making "Biris" at Narkatiaganj. The deceased being Bahnoi of the informant had kept him in his house and was also doing pairvi in the case lodged against the informant and on that account the accused persons were bent upon to commit murder. The informant also claimed that he had received a letter from his wife regarding such intention of the accused persons. The informant also disclosed that appellants Kasim Ansari and Yasin Ansari are brother-in-law (Sala) of appellant Abdullah Ansari and other Abdullah Ansari (since acquitted) is brother-in-law (Bahnoi) of appellant no.1.

3. After instituting Narkatiaganj Rail P.S. Case No. 78/82, the Officer Incharge Parshuram Jha (P.W. 1) took up investigation. Since the dead body had been taken to the Police Station he prepared the inquest repor