Initially, appellant Munna Pandey @ Jai Kumar Pandey, Gangadhar Pandey were the appellants, however, during course of pendency of instant appeal, Gangadhar Pandey died, on account thereof, instant appeal stood abated against him vide order dated 08.01.2015 however, remained alive concerning Munna Pandey @ Jai Kumar Pandey.

2. The instant appeal has been filed against judgment of conviction and sentence dated 29.08.2002 passed by Additional District and Sessions Judge, FTC- Bhagalpur in Sessions Trial No. 485/1994/25/2002 whereby and whereunder, appellants Gangadhar Pandey (since deceased), Munna Pandey @ Jai Kumar Pandey have been found guilty for an offence punishable under Sections 324/34 and 307/34 IPC and each one has been directed to undergo RI for seven years under Section 307/34 IPC while no separate sentence was passed with regard to 324/34 IPC.

3. Hare Krishna Jha (PW-5) gave his Fard-e-beyan at State Dispensary, Kahalgaon on 26.04.1993 at about 1:20 p.m. before ASI, Kahalgaon PS. Disclosing therein that on the same day, at about 12:00 noon, while he was engaged in repairing boundary wall of his kitchen garden, his co-villagers, Chunna Pandey armed with Bhala, Gangad