The credibility of witnesses and the consistency of evidence are crucial in determining the validity of the prosecution case.

RAKESH KUMAR, J.

1. The aforesaid two Appeals were preferred against the judgment and sentence dated 28th September 1993 passed in Sessions Trial No. 71 of 1976 by Sri Ashok Kumar Verma, learned 6th Additional District & Sessions Judge, Arrah. In the said case altogether 35 persons were made accused however 27 accused persons were tried and finally 17 accused persons were acquitted and 10 persons were held guilty and sentenced. In Cr. Appeal (DB) No. 441 of 1993 Rajeshwar Yadav/appellant no. 3 was convicted under section 307/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. He was further also convicted under section 324 of the Indian Penal Code and sentenced to under go rigorous imprisonment for three years and further under section 148 of the I.P.C. he was sentenced to undergo rigorous imprisonment for three years. Mohan Ahir / appellant no. 4 in Cr. Appeal (DB) No. 441 of 1993 was convicted under section 307/149 of Indian Penal Code and directed to undergo rigorous imprisonment for seven years and he was further convicted under section 147 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years; Raj Ballam Ahir /Appellant No. 6 in Cr. Appeal (DB) No. 441 of 1993 was convicted under section 307 of I.P.C. and sentenced to undergo rigorous imprisonment for seven years. He was further convicted and sentenced under section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years. Accused -Sheonath Yadav /appellant no. 8 in Cr. Appeal (DB) No. 441 of 1993 was held guilty and convicted under section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year. He was further convicted and sentenced under section 147 of the Indian Penal Code and directed to undergo rigorous imprisonment for one year. Accused- Baban Yadav /appellant no. 1 in Cr. Appeal (DB) No. 497 of 1993 was held guilty and convicted under section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. He was also convicted and sentenced under section 307 of the Indian Penal Code and directed to undergo rigorous imprisonment for seven years. He was further convicted and sentenced under section 148 of the Indian Penal Code and directed to undergo rigorous imprisonment for three years. During the pendency of the aforesaid Appeals i.e. Cr. Appeal (DB) No. 441 of 1993 appellant no. 1/ Jagdish Yadav; appellant no. 5/ Rambalak Yadav; appellant no. 2 / Shital Yadav and appellant no. 7 /Jalim Singh died and as such their cases were abated and they were expunged from the record by order dated 29.06.2017. So far appellant no. 2 / Janeshwar Yadav in Cr. Appeal (DB) No. 497 of 1993 is concerned he also died during pendency of the appeal and his case was abated and his name was expunged from the record by the said order dated 29.6.2017. So far position of 27 appellants who were finally tried accused Mahanand Ahir, Ragho Ahir, Sukul Ahir, Madan Ahir, Deolok Ahir ; Jai Kishun Ahir, Bujhawan Ahir , Suresh Ahir, Dhunmun Ahir , Nand Kumar Ahir, Bacha Ahir , Sakhi @ Sakhichand Ahir , Bhorik Ahir, Ram Ayodhya Ahir and Ram Pravesh Ahir were acquitted . By the same judgment after conviction 10 appellants had preferred aforesaid appeal and during pendency of the appeal altogether five appellants died and their name were expunged and only five appellant survived.

2. The prosecution case in short is that on 22.3.75 in the morning before sun rise informant Nand Kumar Rai was sitting at his Dalan. At that time the accused Ballam Ahir, Taluk Ahir, son of Taluk Ahir, Ramjee Ahir, Gopal Ahir, Bifan Ahir, younger brother of Gopal Ahir, Mohan Ahir and Jagidsh Ahir, along with ten to twelve persons came there. The accused persons were armed with sticks, lathi and bahala and they abused the informant to which he protested.