Hemant Kumar Srivastava, J. – All the above stated appellants have been convicted for the offences punishable under Sections 147 and 302/149 of the I.P.C. and have been sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302/149 of the I.P.C. and to undergo a separate sentence of rigorous imprisonment for a period of one year for the offence punishable under Section 147 of the I.P.C. by the impugned judgment of conviction and sentence order dated 16.08.1994 and 17.08.1994 respectively passed in Sessions Trial No. 63 of 1984 by the learned 2nd Additional Sessions Judge, West Champaran, Bettiah (hereinafter referred to as “trial court”). However, the above stated appellants have been acquitted from the charge framed under Section 307 of the I.P.C. The above stated impugned judgment of conviction and sentence order dated 16.08.1994 and 17.08.1994 respectively are under challenge in this criminal appeal.

2. Briefly stated fact of the prosecution case is that one Baldeo Yadav gave his ferdbeyan to A.S.I. of Bagaha police station on 07.02.1983 at 10:00 P.M. in presence of his sons Ramprit Yadav (deceased), Bandhu Yadav (PW-3) and Jita Yadav (PW-2) in injured condition at Sub-divisional Hospital, Bagaha to this effect that his wheat field was situated towards south of his house and in the aforesaid field, crop of wheat was standing. He, further, stated that on the same day at about 6:00 P.M., cow of his co-villager, namely, Lallan Yadav was grazing his wheat crop on account of which hot exchange of words took place between his son Ramprit Yadav and Lallan Yadav and in that course, an scuffle took place between them. He, further, claimed that Lalan Yadav called his father Jagarnath Yadav and having heard the noise, he (informant) as well as his sons Bandhu Yadav and Jita Yadav also reached there. He, further, claimed that seeing them, Bagar Yadav, Nanhak Yadav, Ramadhar Yadav, Nagendra Yadav, Chhotelal Yadav, Jagarnath Yadav, Kashi Yadav, Madan Yadav, Baban Yadav, Prem Yadav and Budhram Yadav also came running there having lathies in their respective hands and the aforesaid persons started raining lathies on his son Ramprit Yadav. He, further, stated that he as well as his sons tried to save Ramprit Yadav but they were also assaulted by the aforesaid persons by means of lathi as a result whereof he as well as his sons sustained injury. He, further, stated that Ramprit Yadav became unconscious. He disclosed the reason of aforesaid occurrence as the cow of Lalan Yadav was damaging his wheat crop as a result whereof the above stated occurrence took place. He, further, claimed that on his noise, Doma Yadav (PW-1), Patru Yadav and several other persons came running there and save their life. After the occurrence, all the injureds including Ramprit Yadav were taken to Bagha Hospital where their treatment was done.

3. On the basis of aforesaid ferdbeyan of Baldeo Yadav, Bagaha P.S. Case No. 16 of 1983 for the offences punishable under Sections 147, 307, 323, 325 of the I.P.C. was registered on 07.02.1983 and on the same day at about 11:30 P.M. formal FIR was drawn up against the FIR named accused for the above stated offences. The formal FIR as well as ferdbeyan of Baldeo Yadav was dispatched to the court on 08.02.1983 and was put up before the court on 12.02.1983. However, during course of investigation, injured Ramprit Yadav died and accordingly, Section 302 of the I.P.C. was also added.

4. PW-8 Birendra Tiwary took charge of investigation and in course of investigation, he recorded the statements of prosecution witnesses, obtained the injury reports of injureds, prepared inquest report of deceased Ramprit Yadav and sent the dead body for postmortem examination. He also inspected the place of occurrence and obtained the postmortem report of the deceased. He got recorded the statements of Patru Yadav, Bandhu Yadav (PW-3), Doma Yadav (PW-1) and Jeeta Yadav (PW-2) under Section 164 of the Cr.P.C. After co