Vipul M. Pancholi, J.—Both these appeals under Section 374(2) of the Code of Criminal Procedure arise out of common judgment of conviction dated 13.12.2017 and the order of sentence dated 03.01.2018 rendered by learned Additional Sessions Judge-II, Saharsa in Sessions Trial No. 247 of 2015, arising out of Sonbarsa Raj P.S. Case No. 52 of 2015 (G.R. No. 940 of 2015), whereby both the appellants have been convicted for committing the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code (IPC) and they have been sentenced to suffer rigorous imprisonment for life and fine of Rs.5000/- each and, in default of payment of fine, they will have to undergo further rigorous imprisonment for six months each.

2. As both these appeals arise out of the common judgment and order, learned counsel for the parties requested that both the appeals be heard together as the evidence is common in both these appeals and accordingly we have taken up both the appeals together for final disposal.

3. Heard Mr. Amarnath Singh, learned counsel assisted by Mr. Kamal Kishore Singh and Mr. Anil Kumar, learned counsel for the appellants and Mr. Ajay Mishra, learned APP appearing on behalf of respondent State in Cr. Appeal (D.B.) No. 1085 of 2018 and Mr. Sujit Kumar Singh, learned APP representing the respondent State in Cr. Appeal (D.B.) No. 90 of 2018.

4. The facts leading to filing the present appeals are as under:

4.1. A written complaint was given by one Navin Kumar Singh to the Station House Officer, Sonbarsha Raj Police Station in which he has mainly stated that on 18.04.2015 (Saturday) at about 7:00 PM, when he reached near brick kiln, Manori of his elder brother Mani Prasad Singh, he heard his brother shouting near the brick kiln. When he reached near him running, he saw that three-four persons were brutally attacking him to kill him, whereafter he started shouting and upon hearing his shouts, Daulat Singh, Arvind Singh, Ajay Singh, Uday Singh and Amar Singh came to the place of occurrence and went near him (deceased) to save him. They saw that Sirajul Mian, Purunjeet Burman and Pawan Yadav and three-four unknown persons armed with knife, Dabiya and other sharp edged weapons were killing him. Thereafter, the assaulters fled away. Thereafter, when they lifted his elder bother, he was soaked with blood and fell unconscious. They tried to take him to hospital, but by then he died.

4.2. After receipt of the aforesaid written complaint, formal First Information Report (FIR) came to be registered on 19.04.2015 at about 7.30 AM. After registration of the FIR, the Investigating Officer (IO) carried out investigation and during the course of investigation, the IO collected the evidence and recorded the statement of witnesses. Thereafter, he filed charge-sheet against the appellants-accused.

4.3. As the case was exclusively triable by the court of Sessions, the concerned Magistrate committed the case on 09.09.2015 under Section 209 of the Code to the concerned Sessions court.

4.4. Before the trial court, the prosecution has examined ten witnesses and also produced documentary evidence. Thereafter, further statement of the accused-appellants under Section 313 of the Code came to the recorded.

4.5. After conclusion of the trial, the trial court passed the impugned judgment and order of conviction and sentence against which the convicts have preferred present separate appeals.

5. Learned counsel for the appellants would mainly submit that there is delay in lodging the FIR. It has been pointed out by learned Advocate that, as per the case of the informant, incident took place at about 7:00 PM on 18.04.2015 for which written complaint was given after three hours though the police station is situated at a distance of 1½ km. from the place of occurrence. It is further submitted that in the written complaint itself, the informant has initially stated that he had seen three-four persons giving blows to his brother, however, in the written complaint itself the