JUDGMENT :

CHANDRA SHEKHAR JHA, J.

1. From perusal of the order dated 08.10.2025 it appears that Mr. Kushal, was appointed as Amicus Curiae, but he has not appeared in Court. Prior to his appointment, the earlier Amicus Curiae was also replaced by this Court.

2. Accordingly, out of present advocates in open Court, Mr. Mukund Kumar, learned counsel shows his willingness to assist this Court as Amicus Curiae.

3. In view of the aforesaid, Mr. Mukund Kumar, learned counsel is appointed as Amicus Curiae for the present appeal.

4. From perusal of record, it also appears that this appeal stands abated against appellant nos. 1 and 5 namely, Janki Devi and Sarwajeet Sahani vide court’s order dated 19.02.2025.

5. Now, this appeal survives only with regard to appellant nos. 2, 3 & 4 namely, Sharda Devi, Dilip Sahani and Sri Bhagwan Sahani respectively.

6. Heard Mr. Mukund Kumar, learned Amicus Curiae appearing on behalf of the appellants and Mr. Satyendra Narayan Singh, learned A.P.P. for the State.

7. This memo of appeal has been filed on behalf of the appellants under section 374(2) of the Code of Criminal Procedure (in short the ‘Cr.P.C.’) against the judgment of conviction dated 01.04.2004 and order of sentence dated 06.04.2004 passed in Sessions Trial No. 226 of 1995 by learned 6^th Additional Sessions Judge, Chapra (Siwan), whereby and whereunder the appellants were convicted for the offences punishable under section 307/34 of the I.P.C. and sentenced to undergo rigorous imprisonment for four years under section 307 of the I.P.C. The appellant namely, Sri Bhagwan Sahani was convicted under section 379 of the I.P.C. and sentenced to undergo rigorous imprisonment for one year and further ordered that all the sentences shall run concurrently.

8. The brief facts of the case is that PW-5 namely, Manager Sahani, who is the informant of this case, alleged that on the previous day i.e. on 18.10.1994, at about 2:00 A.M., while he was sitting at his Darwaja, all of a sudden, Sarwajeet Sahani armed with Lathi, Sri Bhagwan Sahni armed with knife and Dilip Sahani also armed with knife, abused the informant and when he protested, all three accused persons assaulted the informant with their respective weapons, which caused various injuries on his body. It is further alleged that when the brother of informant Shambhu Sahani tried to save the informant, he was also assaulted by the accused persons and at the same time, Chameli Devi, Sharda Devi and Janki Devi came there and assaulted the informant and brother of the informant by means of lathi. It is alleged that all the accused persons snatched the golden chain from the neck of Lal Muni Devi (PW-4), thereafter, villagers came and pacify the matter. The motive behind the occurrence was the land dispute, which was claimed to be decided in favour of the informant.

9. On the basis of aforesaid written report, police drawn formal FIR being Mashrakh P.S. Case No. 167 of 1994 was registered under sections 341, 323, 324, 307, 379, 447, 504/34 of the Indian Penal Code. After conclusion of investigation, police submitted charge-sheet against all the accused persons. Thereafter, cognizance of the offences was taken and the case was committed to the court of session by the then learned C.J.M., Chapra on 03.07.1995.

10. Learned trial court explained the aforesaid charges to appellants/accused, which they pleaded “not guilty” and claimed to be tried.

11. To establish its case before the learned trial court, the prosecution altogether examined total of six (6) witnesses and they are (1) Shambhu Sahani (2) Shambhu Pd. Yadav (3) Motilal Rai (4) Lalmuni Devi (5) Manager Sahani and (6) Ram Murti Jha. The prosecution has also produced certain documents viz. Signature of Manager Sahani and witnesses on the fard-e-beyan, which are marked as Exhibit -1 and 1/1. Exhibit - 2, 2/1 & 2/2 are the injury reports of Shambhu Sahani, Manejar Sahani and Lal Muni Devi.

12. After examination of prosecution witnesses and by taking note of evidenc