JUDGMENT :

(Ashutosh Kumar, J.)

The facts of this case, notwithstanding the consistent eyewitness account of several witnesses and oral dying declaration of the deceased before such witnesses, surprisingly but disquietingly, do not commend to us that the conviction and sentence of the appellants is justified.

2. We have heard Mr. Ranjay Kumar Singh and Mr. Shankar Kumar, learned Advocates for the appellants, Mr. Manoj Kumar, learned Advocate for the informant and Mr. Dilip Kumar Sinha, learned APP for the State.

3. The appellants have been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code vide judgment dated 28.02.2017 passed by the learned Xth Additional District and Sessions Judge, Saran at Chapra and by order dated 8th of March, 2017, they have been sentenced to undergo imprisonment for life, to pay a fine of Rs.10,000/-(ten thousand) each and in default of payment of fine, to further suffer simple imprisonment for six months.

4. The amount of fine has been directed to be given to the son of the deceased.

5. The FIR of this case has been lodged by the nephew of the deceased, viz., Shivnath Sah (P.W. 5) who stays in a house contig