(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

Appellants Fulena Paswan, Ramakant Paswan, Dinesh Paswan and Ram Pratap Paswan have been convicted under Section 302/149 of the IPC and each of them have been sentenced to undergo R.I. for life by the learned Sessions Judge, Begusarai on 26/27th of November, 1990 in connection with Sessions Trial No. 23 of 1989, arising out of Bhagwanpur P.S. Case No. 39 of 1986.

2. Succinctly stated the prosecution case is that Kedar Singh P.W. 6 gave his fardbeyan (Ext. 3), at the Dera of Ram Badan Singh P.W. 2 of village Naula at 08.00 a.m. that in the preceding night he was sleeping at his Dera which was situated towards west of Dera of Ram Badan Singh. His son Suresh Singh (the deceased) was sleeping in the Dera of Ram Badan Singh P.W. 2. At about midnight Suresh Singh cried that he is being killed. On cry of Suresh Singh, the informant rushed to the Dera of Ram Badan Singh and saw some persons escaping in the flash light of torch. The escaping persons were Ram Kishun Paswan, Ram Pratap Paswan, Fulena Paswan and Ram Kumar Paswan. The informant’s son was found soaked with blood. Ram Badan Singh P.W. 2 and Balram Singh P.W. 3 told the in