DHARNIDHAR JHA, J.:–These two appeals, arising out of the judgment dated 30th of March, 1992, have been preferred by the accused persons who had been put on trial by the learned 3rd Additional Sessions Judge, Siwan in Sessions Trial No.228 of 1982 by which the appellants of Cr.Appeal No.47 of 1992 were held guilty of committing offence under Sections 302/149 IPC and each of them was directed to suffer rigorous imprisonment for life, whereas the solitary appellant Ramuna Bind of the other connected appeal was convicted of offence under Sections 302 and 307 IPC and was directed to suffer rigorous imprisonment for life on each of the two counts, sentences being directed to run concurrently as against appellant Ramuna Bind.

2. The appellants have come up before this Court to challenge the correctness of the findings and the appropriateness of the sentence which were recorded or passed upon them by the learned trial Judge.

3. P.W.6 Ram Pujan Bind gave his fardbeyan, while hospitalized in Sadar hospital, Siwan on 29.06.1981 at 10 A.M. He stated that he and his family members had, after having taken the dinner, retired to their bed in a Plani created of Phoos (thatch material). At around midnight in the night intervening 28-29th of June,1981, 10-12 persons came carrying Dab, lathi and bombs from north and entered inside the Jhopri and immediately started wielding blows with lathi and cut the throat of his brother, who was named Lahbar. The informant stated that after having slit the throat of Lahbar, the accused persons turned towards him to give blows with Dab but he ran towards east and on account of the darkness all around, fell amidst the Bhang (cannabis) plants when he was when he was given Dab blows on his right hand on its lower side and just below the right knee joint. The informant attempted to ward off the blows which were being given to him and in that process, he received injuries on two fingers of his left hand, on his chin and back also. The nephew of the informant named Bikrama Bind was also sleeping there and he shouted out of fright and when a bomb was thrown on him as a result of which he was injured in his head.

The informant stated that many persons were attracted to the scene of occurrence and had identified appellant Ramashraya Bind who had flashed the torch light as also appellant Ramuna Bind who was carrying the bloodstain Dab and who had killed deceased Lahbar. The informant stated that while coming to the place of occurrence, the villagers were shouting- “catch them” and upon that the accused persons ran way from the scene of occurrence.

4. The doctor was not examined in trial and on the basis of fardbeyan (Ext-5), the FIR of the case (Ext-4) was drawn up and investigation was taken up by the Officer of the concerned police station. It further appears from perusal of Ext-2 series which are the injuries certificates granted by P.W.8 Dr. Anil Kumar after examining P.W.6 Ram Pujan Bind and P.W.2 Bikrama Bind that the investigating officer had issued the requisitions addressed to the Medical Officer who had examined the two witnesses for obtaining the injury certificates in respect of injuries found on the persons of two witnesses. It further appears from the perusal of Ext-7, the inquest report that the investigating officer who was the Sub Inspector of Police of Pachrukhi police station in the district of Siwan, had held inquest upon the dead body in front of the house of the informant Ram Pujan Prasad (Bind) on 29.06.1981 in presence of witnesses and had prepared the report (Ext-7). It may be presumed that the investigating officer had sent the dead body for postmortem examination and accordingly, P.W.9 Dr. Rajendra Singh had held postmortem examination on the dead body and had issued the postmortem examination report (Ext-3). Though the witnesses except P.W.4 stated that they had never made any statement to any police officer during investigation, we find from the record that after completion of the investigatio

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