Per: HONOURABLE SHRI JUSTICE AMARESH KUMAR LAL

1. This appeal is directed against the judgment of conviction and order of sentence dated 19.12.1990 passed by the learned 4th Additional Sessions Judge, Ara in Session Trial No. 329 of 1984 by which the appellants have been convicted and sentenced to rigorous imprisonment for life under Section 302/34 IPC.

2. The prosecution case, in brief, is that on 18.3.1984 at about 5 p.m. the villagers including the informant Chhedi Bhar (P.W. 6) and others were singing at Thakurbari at Ramjanki Temple on the occasion of Holi. All of a sudden, the appellants Ram Pratap Rai and Subash Sharma sons of late Vindhyachal Rai and one Ram Dular Rai came there. The accused Ram Dular Rai instigated the other two accused to kill Bishram Bhar, the son of the informant (P.W. 6) who was also there, thereafter, the appellants shot fire which caused injury to his son Bishram Bhar, who got injury and fell down. There was stampede. The co-villager Ramayan Bhar was taking Bishram Bhar (deceased) towards the northern side in a lane but the accused dragged the injured towards their house in the vicinity of flour mill and assaulted him with garasa whic