The prosecution's evidence, including the testimony of injured eyewitnesses and medical evidence, was deemed trustworthy and natural, despite minor discrepancies and contradictions, leading to the affirmation of the conviction and sentencing of the appellants.

A.K. Sinha, J.

These appeals are being disposed of by this common JUDGMENT : as they arise out of the same JUDGMENT : and this common JUDGMENT : will govern all the four appeals.

2. The appellant, namely, Brahmdeo Yadav @ Bhonu Yadav (Cr. Appeal No. 371 of 1999) has been convicted under section 302 of the Indian Penal Code read with 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively under both the counts. The rest of the appellants have been convicted under section 302/149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for life and they have further been convicted under section 324/ 149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for one year each.

3. As per the fardbayan of Naresh Yadav (P.W. 9), the informant of the case which was recorded at Govindpur Hospital on 28.4.1997 at 10.00 a.m., the prosecution story is that the informant alongwith his brother Suresh (deceased) was getting his diesel engine repaired by a Mechanic, namely, Mohan Yadav and while they were busy in the repair works, all the appellants came there being armed with gun and other lethal weapons and as soon as they came, accused Brahamdeo Yadav @ Bhonu Yadav fired upon the deceased, namely, Suresh Yadav with gun causing injury on his abdomen. The informant was also assaulted with Sait, as a result whereof he sustained injury on his lips. The informant raised alarm on which Munshi Yadav (P.W. 7), Ganauri Yadav (P.W. 3) and Bindeshwar Yadav (P.W. 4) came and they were also assaulted with Gandasa. Bhala etc. It is specifically alleged that Munshi Yadav was assaulted with Gandasa causing injury on his left hand, Ganauri Yadav was assaulted with Bhala and Bindeshwar Yadav was also assaulted with Bhala. The informant brought his brother to Govindpur Hospital for treatment but he died on the way. The occurrence took place at 9.00 a.m. The motive behind the occurrence is that there are two groups in the village and both the groups were inimical to each other on account of the contract work of the bridge of the village and due to that reason the alleged occurrence took place.

4. A case under sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code was instituted on the basis of the fardbayan of the informant and after investigation the police submitted charge-sheet against the appellants under the aforesaid counts on the basis of which cognizance was taken and the case was transferred to the Court of Sessions.

5. The defence of the accused is the denial of the alleged occurrence. It is further the case of the defence that in the morning of 28.4.97 at 9.00 a.m. some altercation took place between Upendra Yadav, Ram Balak Yadav and Sunil Yadav and his aunt for carrying straw from the Khalihaan. In the meantime, ten persons from the prosecution side came at the door of the appellant Sunil Yadav being variously armed and started abusing accused Sunil Yadav which was protested and the prosecution side assaulted Musafir Yadav, Brahamdeo Yadav and in course of the quarrel Suresh Yadav was killed. A counter case being Govindpur P.S. Case No. 12/97 under sections 147. 148, 149, 323, 324, 307 and 447 of the Indian Penal Code was instituted on 29.4.87 on the fardbayan of accused Sunil Yadav in which eleven persons of prosecution side were made accused and the police submitted charge-sheet in that case which is still pending.

6. In support of the defence version, the defence has filed the F.I.R. of the counter case (Exhibit-B), charge-sheet filed by the police in that case (Exhibit-C), certified copy of the deposition of Sunil Yadav, the informant of the counter case (Exhibit. A) as also the certified copy of the deposition of Dr. Rajendra Kumar Bibhuti (ExhibitA/1), who examined the injuries of the injured of the counter case.

7. Accused Brahamdeo Yadav @ Bhonu Yadav was charged u