Sunil Dutta Mishra, J. – Heard learned counsel for the appellants and learned Additional Public Prosecutor for the State.

2. This appeal has been preferred by the aforesaid appellants under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction dated 29.06.1996 and order of sentence dated 01.07.1996 passed by learned 1st Additional Sessions Judge, Madhepura in Sessions Trial No. 136 of 1989 whereby and whereunder appellants, namely, Narain Sah, Yogendra Sah, Hari Nandan Sah and Shambhu Sah have been convicted under Section 302 read with Section 149 of the Indian Penal Code (hereinafter referred as I.P.C). They have also been convicted under Sections 323, 147 and 447 of I.P.C. The appellants have been sentenced to undergo rigorous imprisonment for life and it was ordered that the period of imprisonment undergone during investigation and trial of the case shall be set off.

3. The prosecution story, in brief, is that on 11th June, 1987 at about 6:00 a.m. the informant Sukh Sagar Paswan along with his brother Raj Kishore Paswan (deceased) and bullocks reached at his field to plough his field. His brother Raj Kishore Paswan started tilling his land and the informant was standing there. In the meantime all accused persons came there with deadly weapons i.e. lathi, fatta, farsa and arrow forming unlawful assembly and accused Darogi Sah questioned about tilling of the land. The informant told that he was tilling his own land, upon which on the command of accused Darogi Sah, the accused Yogendra Sah started beating the informant with fatta and Narain Sah, Harinandan Sah, Darogi Sah and Shambhu Sah started beating his brother. Narain Sah inflicted farsa blow on the head of the brother of the informant due to which blood started coming out from his head. Thereafter the informant raised alarm. On alarm, the witnesses and the wife of the informant Radha Devi came there. Radha Devi was also assaulted by accused Narain Sah and Harinandan Sah with fatta. Thereafter the accused persons took away bullocks and plough of the informant and ran away towards the village. The informant has stated that the occurrence took place due to previous enmity. The fardbeyan was recorded by ASI, Umesh Prasad Singh in presence of two witnesses at Kaluha O.P. Shankarpur and forwarded the same to SHO Singheswar Police Station who on the basis of the said fardbeyan, Singheshwar P.S. Case No. 99 of 1987 was registered against the accused persons/appellants. During the treatment, Raj Kishore Paswan died in the Hospital. The investigation of the case was carried out by the Investigating Officer (hereinafter referred to as I.O.).

4. After completion of investigation, the police submitted charge sheet against eleven accused persons (out of which proceeding against Shiv Nandan Sah was dropped vide order dated 12.08.1989). Thereafter cognizance was taken on 13.05.1988 against them. The copy of the police papers were supplied to accused persons under Section 207 of Cr.P.C. Since offence under Section 302 I.P.C. is exclusively triable by the Court of Sessions, therefore, the case was committed to the Court of Sessions on 16.10.1989 and charges were framed by 1st Additional Sessions Judge, Madhepura on 22.08.1992 against the accused persons. The accused persons denied the allegations levelled against them and claimed to be tried. During trial, out of ten accused persons, one Darogi Sah died.

5. In order to substantiate the charges, the prosecution adduced the following oral evidences: –

6.