Aditya Kumar Trivedi, J.(Oral)

Appellants Kama Paswan, Buchul Paswan and Rahul Paswan have been found guilty for an offence punishable under Section 304(i) of Indian Penal Code and each one has been sentenced to undergo rigorous imprisonment for 07 years as well as to pay fine of Rs. 7,000/- each and in default of payment of fine, to undergo rigorous imprisonment for a period of one year, additionally and in case, the fine is deposited, half of the fine should be paid to the widow of the deceased by the learned Adhoc Addl. Sessions Judge-IV, Aurangabad in Sessions Trial no. 212 of 2007/15 of 2010 vide judgment of conviction dated 12.02.2015 and order of sentence dated 18.02.2015/19.02.2015.

2. PW3 Bhola Bhagat had recorded his fardbeyan on 03.08.2006 at about 4.15 am before A.S.I. at Government hospital, Daudnagar disclosing therein that on 02.08.2006 at evening hours while he along with his brother Deonandan Bhagat (deceased), neighbour Madan Bhagat, brother-in-law Manoj Malakar were doing fishing over a channel lying south of his village, at about 8 pm, his co-villagers Kama Paswan, Rahul Paswan, Buchwa Paswan-Baldan Devraj Paswan, Doya Paswan, Chandradeo Paswan came and