Mohit Kumar Shah, J. – The aforesaid appeals preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”), arise out of the same judgment of conviction and the order of sentence dated 25.8.2017 and 29.8.2017 respectively, passed in Sessions Trial No. 83 of 2014 (arising out of Sikarahta P.S. Case No. 75 of 2013) by the learned Court of 2nd Additional Sessions Judge, Bhojpur at Ara (hereinafter referred to as “the learned Trial Judge”), hence these Appeals have been heard together and are being disposed off by the present common judgment and order. By the said judgment, the learned Trial Judge has convicted the Appellant No. 1 of the first case and the sole appellant of the second case under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “the I.P.C.”) while the Appellant No. 2 of the first case has been convicted under Section 302/34 of the I.P.C. and all the appellants of the aforesaid appeals have been sentenced to undergo imprisonment for life with fine of Rs. 5,000/- and in default of payment of the same, they have been directed to undergo further three months simple imprisonment.

2. Short facts of the case are that on 4.11.2013 at 6:00 am, fardbeyan of one Ramashish Singh @ Bhola Singh (P.W.3), son of late Harakh Singh was recorded by the Sub-Inspector of Police, Arun Kumar posted at Sikarahta Police Station at the Sadar Hospital, Ara. In the fardbeyan, the informant (P.W.3) has stated that his son Santosh Kumar Singh, aged about 35 years is employed in military and had come to his house three days back. He has also stated that land dispute is existing in between Vijay Singh (Appellant No. 1 of the first case), Sudama Singh (sole appellant of the second case), Abhimanyu Singh (Appellant No. 2 of the first case), Morang Singh @ Ranjeet Singh and the informant and his son and on account of the same, quarrel had taken place in between them on previous occasions as well. The informant has further stated that on 3.11.2013 in the evening at about 7:00 pm, his son Santosh Kumar Singh along with his wife was lighting diya (earthen lamp) on the roof on the occasion of Diwali. While Santosh Kumar Singh (deceased) was lighting candle on the roof, all the aforesaid accused persons had put a ladder from their roof to the roof of his house and had come there, whereafter they had caught hold of the son of the informant and slammed him on the ground and during the course thereof, Sobin Singh, Arvind Singh and Ram Tawakya Singh had also arrived on the roof. Thereafter, Vijay Singh (Appellant No. 1) armed with bhala had assaulted and pierced body of Santosh Kumar Singh and then Sudama Singh armed with bhala had assaulted on the right thigh and left leg of Santosh Kumar Singh and pierced the same, leading to lot of blood oozing out from the body of the deceased. Then, Santosh Kumar Singh was lifted and taken to a doctor, who said that he would not be able to treat him, hence the deceased was taken to Sadar Hospital, Ara where he died during the course of treatment. The informant has further stated that the entire incident was witnessed by Nawal Kishore Singh (P.W.7) and Hari Mangal Singh (P.W.1), apart from the incident being witnessed by other persons, which he would disclose upon being asked.

3. After recording of the fardbeyan, a formal F.I.R. bearing Sikarahta P.S. Case No. 75 of 2013 was registered under Section 302/34 of the I.P.C. on 4.11.2013 at 8:15 am against the appellants of both the aforesaid cases and Morang Singh, Sobin Singh, Arvind Singh and Ram Tawakya Singh. After investigation and finding the case to be true, the police had submitted charge-sheet on 27.01.2014 against all the aforesaid seven accused persons under Section 302/34 of the I.P.C. The learned Trial Judge had then taken cognizance vide order dated 06.03.2014 against all the aforesaid accused persons except Morang Singh. The case was then committed to the Court of Sessions vide order date