JUDGMENT

Ashwani Kumar Singh, J. - Heard Mr. A. K. Thakur, learned counsel for the appellants and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The appellants have challenged the judgment of conviction dated 14.03.2016 and the order of sentence dated 17.03.2016 passed by the learned Additional Sessions Judge-VI, Saran at Chapra in Sessions Trial No.209 of 2014 arising out of Baniyapur P.S. Case No.274 of 2013.

3. By the aforesaid judgment dated 14.03.2016, the appellants' Hafiz Mian @ Hafiz Miya, Khalil Mian @ Khalil Miya, Ibrahim Mian @ Ibrahim Miya and Qurban Mian @ Kurban Miya have been convicted for the offences punishable under Sections 302/34 and 323 of the Indian Penal Code (for short 'IPC').

4. After hearing the convicts on the point of sentence, vide consequential order dated 17.03.2016, the Trial Court sentenced them to undergo rigorous imprisonment for life and a fine of Rs.25,000/- each for the offence punishable under Sections 302/34 of the IPC and in default of payment of fine to undergo rigorous imprisonment for an additional period of six months and rigorous imprisonment of six months for the offence punishable under Section 323 of the IPC. The Trial Court further directed that both the sentences shall run concurrently.

5. The sessions trial, in which the impugned judgment and order were passed relates to the First Information Report (for short 'FIR') that had been registered on 23.11.2013 at 10 AM in Baniyapur Police Station under Section 154 of the Code of Criminal Procedure (for short 'CrPC') in respect of an incident that had occurred at village Amaon, Dhobi Tola situated at a distance of one and a half kilometres south-west from Baniyapur Police Station at 8.30 AM on 23.11.2013.

6. The FIR giving rise to the sessions trial was registered based on the fardbeyan of one Nasruddin Mian (P.W. 4), which was reduced into writing by one Rakesh Kumar, a Sub-Inspector of Baniyapur Police Station.

7. In his farbeyan, the informant Nasruddin Mian alleged that on 23.11.2013 at 8.30 AM, a panchayati was commenced near his house for cutting the branch of a pakari tree (white fig) in which Sabib Mian, Habib Mian and Khalil Mian, all three sons of Mithu Mian and other villagers had participated. Khalil Mian and his sons did not accept the decision taken in the panchayati and started abusing the informant and his father, which was protested by them. Thereafter, Khalil Mian and his sons came with lathi from their houses and started indiscriminately assaulting his father Sabib Mian and uncle Habib Mian due to which his father sustained injuries and fell down. Because of the assault, blood started oozing out from the skull of his father, Sabib Mian and uncle, Habib Mian. When he along with his brothers Suleman Mian and Babujan Mian tried to intervene, the accused persons assaulted them also. He with the help of villagers took Sabib Mian and Habib Mian to the Referral Hospital, Baniyapur where the doctor declared his father Sabib Mian as dead. Considering the serious condition of his uncle Habib Mian, the doctor, after giving first aid, referred him to Sadar Hospital, Chapra for better treatment. The cause of occurrence was that a day before Muharram, his younger brother Babujan and cousin Qyamuddin son of Habib Mian (both not examined) had cut a branch of pakari tree for which the panchayati was convened.

8. On receipt of the aforesaid fardbeyan of the informant at 10 AM on 23.11.2013, one Govind Rajbanshi (not examined), the Station House Officer (for short 'SHO') Baniyapur Police Station, Saran registered Baniyapur P.S. Case No.274 of 2013 under Sections 341, 323, 325, 307, 302 and 504 read with 34 of the IPC against Khalil Mian, Ibrahim Mian, Qurban Mian and Hafiz Mian and entrusted the investigation to Rakesh Kumar, a Sub-Inspector of Police.

9. The further case of the prosecution is that Habib Mian was referred from Sadar Hospital Chapra to Patna where he died after 3 days.

10. On completion of the i