JUDGMENT :

ASHWANI KUMAR SINGH, J.

In the instant appeal, the appellants have challenged the judgment of conviction dated 30.01.2016 and order of sentence dated 02.02.2016 passed by the learned Additional Sessions Judge-IX, Muzaffarpur in Sessions Trial No. 787 of 2014 arising out of Paroo P.S. Case No. 56 of 2014 by which they have been convicted for the offences punishable under Sections 302/34, 307, 326, 325, 324 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life till death and a fine of Rs. 1 lac for the conviction under Section 302/34 of the Indian Penal Code and rigorous imprisonment for ten years and a fine of Rs. 50,000/-for the conviction under Section 307 of the India Penal Code and in default of payment of fine to further undergo rigorous imprisonment for three years. However, no separate sentence has been awarded for the conviction under Sections 326, 325, 324 and 323 of the Indian Penal Code.

2. The prosecution case, in short, as disclosed in the fardbeyan of Abhinav Kumari @ Gunja Kumari (P.W.11), daughter of Late Baliram Singh, resident of village-Fatehabad, Police Station-Paroo in the district of Muzaffarpur recorded by P.N. Singh (not examined), Sub-Inspector of Police of Ahiyapur Police Station on 14.03.2014 at 10:30 AM at SKMCH, Muzaffarpur is that her deceased father had gone to the field to harvest mustard plant situated at a distance of half kilometer towards South. She herself and her elder sister Amrita Kumari (deceased) along with her younger sister Pushpanjali Kumari had gone to the field carrying breakfast for their deceased father. At about 10.30 AM, her co-sharers, namely, Shambhu Singh, Ravindra Kumar, Dhirendra Kumar and Sudha Devi reached to the field being armed with weapons in their hands. They stopped her father from harvesting mustard plant upon which an altercation took place, whereafter the appellant no. 2 Ravindra Kumar assaulted her father with farsa with an intention to kill him and appellant no. 1 Shambhu Singh assaulted him with iron rod. Thereafter, appellant no. 3 Dhirendra Kumar, who was armed with pistol assaulted her father with the butt of the pistol, as a result of which, he became seriously injured. When she and her two sisters tried to save their father, the appellants brutally assaulted her elder sister Amrita Kumari causing fracture of her hand. They also assaulted her younger sister Micky Kumari, as a result of which, she died in the field itself. Thereafter, the appellants proceeded towards her house saying that her mother (P.W.8) should also be finished. They came to her house and mercilessly assaulted her mother with an intention to kill her. On hulla, several persons arrived there and her father was taken to hospital at Paroo. After initial treatment, the doctor referred him to SKMCH. While being taken to SKMCH, her father Baliram Singh died on the way. She herself, her younger sister and her mother are being treated at SKMCH in injured condition.

3. On the basis of the aforesaid oral statement of the informant (P.W.11), the First Information Report (for short the ‘FIR’) was drawn up and Paroo P.S. Case No. 56 of 2014 was registered on 14.03.2014 at 01:00 PM.

4. On completion of investigation, the police submitted a report under Section 173(2) of the Code of Criminal Procedure (for short the ‘Cr.P.C.’) vide charge-sheet no. 37 of 2014 dated 28.05.2014.

5. The FIR named accused Shambhu Singh (appellant no. 1), Ravindra Kumar (appellant no. 2) and Dhirendra Kumar (appellant no. 3) were sent up for trial for the offences punishable under Sections 341, 323, 324, 307, 325, 326, 302 and 504/34 of the Indian Penal Code.

6. On receipt of the charge-sheet, cognizance was taken by the learned Jurisdictional Magistrate vide order dated 18.09.2014 and the case was committed to the Court of Sessions on 25.09.2014.

7. The learned Sessions Judge, Muzaffar