Sudhir Singh, J.—The present criminal appeal has been preferred in the year 1995 i.e. 27 years ago against the judgment of conviction and the order of sentence dated 12.12.1994 passed by the learned Sessions Judge, Gaya in Sessions Trial No. 612/90 (arising out of Barachatty P.S. Case No. 122/87, G.R. case No.2778/87), whereby and whereunder the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

2. It is the case of the prosecution as narrated by the informant (P.W.1) in his fard beyan dated 31.10.1987 that owing to the land dispute, the sons of his brother Govind Yadav, namely, Kuleshwar Yadav and Bali Yadav used to threaten him regarding the partition of land even though the matter was already decided with the aid of Panch. The informant further alleged that the maternal uncle of Kuleshwar Yadav and Bali Yadav, namely, Narayan Yadav and Prabhu Yadav called Kuleshwar Yadav, Bali Yadav, Nado Yadav and Rajo Yadav and hatched a plan to kill the informant, after which they sent Kuleshwar and Bali to village Manoharchak for this purpose. The informant further stated that on 30.10.1987, when the informant was washing his mouth at his darwaja, appellant Kuleshwar Yadav caught hold of him and appellant Bali Yadav started assaulting him with chapda and said that ‘cut his head’. Thereafter, the mother of both accused persons, namely, Razia Devi took garasa and lathi from the house and gave garasa to Kuleshwar and kept lathi with her and started assaulting him. Then informant started shouting, upon which his wife Rampati Devi came and fell down on the body of informant but the accused persons did not spare her and continued assaulting the informant along with his wife even in fallen condition with the help of garasa, lathi and chapda. Both started shouting but due to fear, the villagers were not coming and all three accused persons were abusing and were saying that anyone who will come in rescue will be killed. Thereafter, their son, namely, Basudeo Yadav got terrified after seeing the informant and his wife in injured condition and rescued himself inside the house and closed the door. Upon hue and cry made by Basudeo Yadav, the villagers, namely, Pokhan Yadav, Somar Yadav, Siri Yadav and other persons of the village came and saved them. The informant further stated that until he was alive, he saw three persons in front of him and thereafter he and his wife got unconscious. The informant further stated that he did not know when he was brought to Mohanpur Government Hospital.

3. On the basis of fardbeyan, Barachatty P.S. Case No.122/87 was registered under Sections 324, 307, 323/34, 120(B) of the Indian Penal Code and investigation was taken up. In course of treatment, wife of the informant, namely, Rampati died whereafter Section 302/34 of the Indian Penal Code was added.

4. After investigation, the police submitted charge-sheet and cognizance was taken by the Jurisdictional Magistrate and thereafter the case was committed to the Court of Sessions. Charges were framed against the appellants to which the appellants pleaded not guilty and claimed to be tried.

5. During trial, the prosecution examined altogether fourteen witnesses, namely, Jageshwar Yadav (P.W.1), Dr. Arjun Singh (P.W.2), Kunti Devi (P.W.3), Somar Mahto (P.W.4), Siri Yadav (P.W.5), Pokhan Yadav (P.W.6), Chhathu Yadav (P.W.7), Dr. Farasat Hussain (P.W.8), Basudeo Yadav (P.W.9), Mahesh Ram (P.W.10), Kamal Nain Yadav (P.W.11), Bholi Yadav (P.W.12), Santan Prasad (P.W.13) and Arjun Sharma (P.W.14). In support of its case, the prosecution has also produced exhibits as Ext. 1 (fardbeyan), Ext. 2 (post mortem report), Ext. 3 (injury report), Ext. 1/1 (signature of Basudeo Yadav on fardbeyan), Ext. 4 (formal F.I.R.), Ext. 5 (signature of Kamal Nayan Yadav on the carbon copy of surtehal), Ext. 5/1 (signature of Bholi Yadav on the carbon copy of surtehal), Ext. 6 (discharge ticket of Jageshwar Yadav), Ext. 7 (certificate reg