JUDGMENT :

RAKESH KUMAR, J.

1. Three appellants, who were convicted and sentenced in S.T. No. 360 of 2009, have filed the present appeal under Section 374(2) of the Code Of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) against judgment of their conviction and sentence. The appellant no. 2 – Ajit Mandal is the full brother of appellant no.1 – Ranju Devi whereas appellant no. 3 (Suresh Mandal) is cousin brother of appellant no. 1 – Ranju Devi. All the aforesaid three appellants by judgment dated-30.05.2013 were held guilty and convicted for commission of offence under Section 302/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “I.P.C.”). By order dated – 31.05.2013 all of them under Section 302/34 of the I.P.C. were sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-each. In default in payment of fine they were directed to further undergo rigorous imprisonment for six months. The judgment of conviction and sentence was passed by Sri Sunil Kumar Singh, learned Adhoc Additional Sessions Judge IV, Darbhanga (hereinafter referred to as the “trial judge”) in S.T. No. 360 of 2009 (arising out of Baheri P.S. Case No. 80 of 2009).

2. Short fact of the case is that on 21.04.2009 at 21.30 Hours (9.30 P.M.) Sub Inspector of Police -cum-S.H.O., Baheri P.S. Sri Kedar Nath Singh (P.W. 11) recorded fardbyan of Sudha Devi (P.W.10), W/o Rama Nand Mandal (P.W. 7). The said fardbyan was recorded in the premises of appellants in village-Baheri, Tola – Kumbhia in the district of Darbhanga. In the fardbyan the informant (P.W. 10) disclosed that on the same day i.e. on 21.04.2009 in the morning at about 10.00 A.M. there was some altercation in between Ranju Devi-appellant no. 1 with her husband Gopi Mandal (deceased). Thereafter, Gopi Mandal, bhaisur of informant (elder brother of husband of informant) went out of house for doing work. It was alleged that Ranju Devi (appellant no. 1) sitting in the house for the whole day started abusing all the family members. When at 3.00 P.M. on the same day her bhaisur returned back to the house, in drunken condition, her elder gotni (wife of brother of her husband) namely: Ram Dulari Devi (P.W. 6) made complaint to Gopi Mandal. Thereafter Gopi Mandal (deceased) slapped Ranju Devi whereby her head dashed with the wall giving swollen injury on her head. She started crying and exited from the house. Subsequently, nandosi of informant (sister’s husband of the informant) namely-Thumro Mandal (not examined) who was coming to the house persuaded Ranju Devi to return back and he along with Ranju Devi came to the house. Again Ranju Devi sitting in the courtyard started crying and asked her younger son namely-Vivek (not examined), aged about six years, to go and call Mama (maternal uncle). Then Vivek went to his maternal uncle’s house which was a neighbouring tola. Subsequently, brother of appellant no. 1 namely: Ajit Mandal (appellant no. 2) with cousin brother-Suresh Mandal (appellant no. 3) within a short time arrived there and both of them pushed Gopi Mandal on the floor and started beating him with feast and leg which gave internal injury whereby her bhaisur (deceased) had vomited. The accused persons lifted the injured and carried him by assaulting to their house who was followed by her gotni-Ranju Devi (appellant no. 1) who put lock in her house and taking goat and her children she also went along with the accused persons. The informant disclosed that in the house at that very time there were no other male members as all of them had gone for doing work of labour and mother-in-law (Anaro Devi) had gone in Shiv Charcha and at about 7.00 in the night the informant got information that Gopi Mandal was killed by his father -in-law/Siya Mandal (father of appellant no. 1), brother -in-law/Ajit Mandal (appellant no. 2); mother -in-law (Anaro Devi), cousin brother-in-law (Suresh Mandal – appellant no. 3) and wife of deceased – Ranju Devi and leaving the dead body