1. Appellants Chandeshwar Sah and Durga Sah have been found guilty for an offence punishable under Section 307/149 of the IPC and each one has been sentenced to undergo R.I. for five years vide judgment of conviction dated 21.07.2009 and order of sentence dated 24.07.2009 passed by sessions Judge, Muzaffarpur in Session trial No.167 of 1998.

2. Prosecution case in brief as per fardbeyan of Hari Nandan Roy (PW.1) recorded on 26.05.1995 at 01:00 PM at Sadar Hospital, Muzaffarpur where he was admitted in emergency ward is to the effect that on the same day he was on his duty at Sub- Centre PHC, Khabra where, at about 12:15 PM Chandeshwar Sah, Durga Sah, Anil Kumar, Dashrath Rai, Harendra Rai, Vishwanath Rai came over two motorcycle. Chandeshwar Sah and Durga Sah said to him that as you are creating dispute relating to a land so he will be eliminated today. They ordered Dasrath Rai to shoot where upon, Dashrath Rai took out pistol and shot at him causing injury over his chest. He, after raising alarm fell down. Then, Vishwanath Rai disclosed that he has died whereupon, all of them left over motorcycle. Then, his colleague Sarswati Devi came and raised alarm whereupon her son a