Hemant Kumar Srivastava, J.

This Criminal Appeal has been preferred against the judgment of conviction dated 18-12-2000 and sentence order dated 20-12-2000 passed by Sri Shreenarayan Choudhary, Sessions Judge, Katihar in Sessions Case No. 357 of 1988 by which and whereunder, he convicted the appellants for the offences. punishable under Sections 304(II)/34 and 323/ 34 of the Indian Penal Code and sentenced them to undergo R.I. for ten years for the offence under Section 304(ii) of the Indian Penal Code but no separate sentence was passed for the offence under Section 323/34 of the Indian Penal Code.

2. The brief fact, giving rise to file this Criminal Appeal, is that PW 9 Prabhu Kumar Yadav gave his statement to Officer-in-charge of Kadwa Police Station on 25-10-1983 at about 10.00 a.m. to this effect that on the same day, at about 6.30 a.m. his father, Khitish Mohan Yadav and uncle, Nandlal Yadav (PW 7) were fixing poles to barricade their kitchen garden just East of their house. In the meantime all the appellants having lathi in their hands came there and forbade his father and uncle to fix pole but his father and uncle did not listen upon which appellant, Shashi Moha