Shailendra Singh, J. – Heard Mr. Akashdeep, learned counsel appearing for the appellants, Mr. Abhimanyu Sharma, learned APP appearing for the State and Mr. Lakshmindra Kumar Yadav, learned counsel appearing for the informant.

2. The present criminal appeal has been filed against the judgment of conviction dated 29.11.2016 and order of sentence dated 02.12.2016 passed by the court of learned Additional Sessions Judge-III, Vaishali at Hajipur, in Sessions Trial No. 455 of 2014 arising out of Vaishali P.S. Case No. 179 of 2014, whereby and whereunder the learned trial court has convicted the appellants for the offence under section 302 read with section 34 of the Indian Penal Code (in short ‘IPC’) and sentenced them to undergo life imprisonment and a fine of Rs. 5,000/- each has also been imposed upon the appellants and in default of payment of fine, the convicts/appellants have been directed to further undergo rigorous imprisonment for two months.

Prosecution Story :

3. The substance of the prosecution story appearing from the FIR is as follows: –

As per the informant, Anil Kumar (son of the victim), on 17.07.2014 at about 5:00 P.M., his mother Leela Devi (deceased, hereinafter referred to as victim) was going to chaur area to look after her farm land (the term ‘chaur’ denotes a place situated just outside the area of village), when she reached in chaur area, she found and saw the accused/convicts, namely, Ranjit Kumar and Sanjit Kumar assaulting each other, then his mother (victim) intervened to save them, then the accused Ranjit Kumar said that the victim was mainly responsible for all domestic clashes in his house, and she should be killed and thereafter, the convict/appellant Ranjit Kumar caught hold of the shoulder of the victim and then the appellant Sanjit Kumar stabbed the victim with hasua (sickle) in her stomach, which resulted in her death on the spot, thereafter, both the accused tried to flee away with the sickle but the appellant Sanjit Kumar was caught by the people on chase and the appellant Ranjit Kumar managed to escape.

4. Describing the aforesaid prosecution story, the informant Anil Kumar, (examined as P.W.-7) filed a written application (Ext. - 1) at Vaishali police station, upon which two persons, namely, Umesh Kumar and Arvind Kumar made their signature as witnesses of the fact of lodging of the FIR and on that basis, the formal FIR bearing Vaishali P.S. Case No. 179 of 2014 dated 17.07.2014 was registered for the offence of murder under section 302 read with section 34 of IPC, which set the criminal law in motion and the investigation was started.

5. After completion of the investigation, the police chargesheeted both the appellants/convicts for the offence under section 302/34 of IPC. The learned Magistrate took cognizance of the same offence for which both the appellants were chargesheeted and thereafter, committed their case to the court of Sessions for trial.

6. Both the appellants stood charged for the offence under section 302 read with section 34 of IPC. The charge was read over and explained to them in Hindi, to which they pleaded not guilty and claimed to be tried for the charged offence.

7. During the trial, the prosecution produced and examined the following ten witnesses: –