By the Court.-Jawahir Yadava and his brother Hira Yadava have preferred this appeal against the judgment of conviction and order of sentence dated 3.7.1989 passed by the learned 5th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 316 of 1983, G.R. Case No. 2337 of 1982 (Rohtas P.S. Case No. 76 of 1982) by which the appellants have been convicted under Section 302/34, I.P.C. and have been sentenced to rigorous imprisonment for life. The appellant No.1 Jawahir Yadava has further been convicted under Section 323, I.P.C. and sentenced to undergo rigorous imprisonment for one month and his sentence has been ordered to run concurrently.

2. The prosecution case relates to an occurrence of 26.10.1982 at 8 p.m. At that time informant (Gurucharan Yadav) PW 8 was sitting at his outhouse along with his family members. Villagers Jawahir Yadava and Hira Yadava, who are appellants here, came abusing and inquired about Rekha Yadav because he has uprooted some crops from the ridge of informant PW 8. Informant's bhabhi (PW 4) intervened. The accused persons who are appellants here entered inside the house and assaulted by means of lathi. The informant intervened and pacified. Rekha Yadav received injuries and he was taken to Tilauthu Government Hospital in that very night where he was treated but his condition did not improve and in the next morning he was taken to Bose Clinic at Dehart where his treatment started. In course of intervention the informant's bhabhi (PW 4) also received injuries. The fard beyan was witnessed by Ram Bachan Yadav (PW 3) and Mundrika Yadav (not examined). A case was registered under Sections 452 and 307, IPC. This fardbeyan led to a formal FIR which was sent to the Court where it reached on 5.11.1982 meaning thereby that fardbeyan of 27.10.1982 reached the Court after more than one week. Allegations were investigated into. During pendency of the investigation Rekha Yadav died so the charge-sheet was submitted under Section 302, I.P.C. The case was triable by the Court of Sessions so it was committed after appearance of the accused persons. Charges were explained to them. One Katawaru Yadav was not named in the FIR but he was also charge-sheeted and charged. All the three accused persons were charged under Sections 302/34 and 325/34, I.P.C. The accused persons pleaded innocence so the trial proceeded.

3. The defence of the accused was false implication and also that Rekha Yadav was assaulted by unknown thieves and the appellants have been made accused for pressurizing them to toe the line of prosecution. The trial Court after considering the evidence and after hearing the submissions came to the opinion that the prosecution has been able to prove charge under Section 302/34 against both the appellants and under Section 323, I.P.C. against Jawahir Yadava. One Katawaru Yadava was not held guilty and he was acquitted. The appellants have preferred this appeal against that judgment of conviction and sentence and this Court is required to see as to whether the prosecution has been able to prove charge against the appellants beyond shadow of all reasonable doubts or not.

4. In order to substantiate the charge the prosecution has examined altogether 8 witnesses. They are PW 1 Shiv Balak Ram, PW 2 Ram Vyas Prasad, PW 3 Ram Bachan Yadav, PW 4 Deomati, PW 5 Deo Nandan Yadav, PW 6 Sheo Bachan Ram, PW 7 Jai Ram Yadav and PW 8 Gurucharan Yadav. PW 1 is a formal witness and has proved the formal FIR (Ext. 1). PW 2 has proved fardbeyan (Ext. 2), Lalbahadur Singh Advocate's Clerk has been examined as Court witness who has proved the Post-Mortem Report in the pen and signature of Dr. Baneshwar Kumar (Ext. 4), Inquest Report in the pen and signature of S.I. Girja Sharma of Rohtas Police Station (Ext. 5) and the case-diary written by A.S.I. Girja Sharma from page 1 to 44 and from 45 to 55 written by S.I. Sri Arun Kumar Shukla (Ext. 6). PW 6 Sheo Bachan Ram of village Ramdihra has not supported the prosecution cas