1. Heard learned counsel appearing for the appellants in both the criminal appeals as well as learned Additional Public Prosecutor for the State and perused the record.

2. All the above named appellants faced trial before the 3rd Additional Sessions Judge, Begusarai in Sessions Trial No. 62 of 1992/ 33 of 1993 and appellants in Criminal Appeal No. 161 of 2001 were convicted for the offence punishable under Section 307 of the Indian Penal Code and accordingly, they were sentenced to undergo rigorous imprisonment for a period of seven years and a fine of rupees six thousand each was also slapped upon them under the above stated Section and furthermore, both the aforesaid appellants of Criminal Appeal No. 161 of 2001 were directed to suffer further rigorous imprisonment of six months, if they fail to deposit the aforesaid fine amount whereas appellants in Criminal Appeal No. 152 of 2001 were convicted for the offence punishable under Section 307 read with Section 149 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for five years and a fine of rupees three thousand each was also slapped upon them under the above stated section and furthermore, they were directed to undergo rigorous imprisonment for three months, in case of failure of deposit of fine. Since both the above stated appeals arise out of common judgment of conviction and order of sentence dated 05.05.2001, both the above stated criminal appeals were heard together and a common judgment is being passed in both the above stated criminal appeals.

3. In brief, the prosecution case, is that P.W. 4, Nageshwar Singh gave his Ferdbeyan to A.S.I of Teghra police station on 02.01.1991 at about 11:00 A.M. in Tegra hospital to this effect that on the same day at about 09:00 A.M. all the appellants being armed with lathi, bhala and farsa came at his Dera and started assaulting him as well as his Samdhi, namely, Ram Padharath Singh (P.W. 3) and in course of the aforesaid assault, appellant Dayanand Singh hurled bhala blow aiming the neck of P.W. 4 but P.W. 4 warded of the aforesaid bhala by his left hand as a result of which he sustained injury on the palm of his left hand and blood started oozing out. Furthermore, appellant Haribansh Singh gave farsa blow on the head of P.W. 3 as a result of which P.W. 3 sustained injury on his head and the blood started oozing out. The rest appellants were armed with different weapons. P.W. 4 came running to his house and raised alarm whereas P.W. 3 fell down on the place of occurrence. On being alarm raised by P.W. 4, villagers, namely, Mukteshwar Prasad Singh, Nageshwar Prasad Singh, Upendra Prasad Singh, Ram Sagar Mahto etc. assembled near the place of occurrence and after that all the appellants started demolishing Dera of P.W. 3 but when witnesses reached on the place of occurrence, the appellants proceeded towards their home. After the alleged occurrence, P.W. 3 as well as informant were brought to the hospital where treatment of P.W. 3 and P.W. 4 (informant) was done. The reason behind the alleged occurrence, as stated in the Ferdbeyan, is said to be dispute of irrigation and furthermore, there was dues on appellant, Rama Kant Singh.

4. On the basis of aforesaid ferdbeyan, Teghra P.S. Case No. 02 of 1991 was registered. Formal first information report was drawn up against the appellants for the offences punishable under Sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code and after investigation, charge sheet was submitted against the appellants and one Ram Balak Singh, who died in course of trial, for the offences punishable under Section 307 and other minor sections of the Indian Penal Code. The cognizance of the offences was taken in routine manner and the case was committed to the court of Sessions. The appellants in Criminal Appeal No. 161 of 2001 were charged for the offence punishable under Section 307 of the Indian Penal Code whereas rest appellants were charged for the offence pun