JUDGMENT :

ALOK KUMAR PANDEY, J.

1. Heard learned counsel for the appellant and learned Additional Public Prosecutor for the State.

2. The present appeal has been directed against the judgment of conviction dated 16.07.2025 and order of sentence dated 21.07.2025 passed by learned Additional Sessions Judge - XIIIth, Saran at Chapra in Sessions Trial No. 349 of 2015, arising out of Derni P.S. Case No. 103 of 2014 whereby and whereunder the appellant has been convicted for the offences punishable under Section 307 of IPC and has been sentenced to undergo rigorous imprisonment for three years along with fine of Rs. 20,000/- under Section 307 of IPC and in case of default of payment of fine, appellant has to undergo further simple imprisonment for three months.

3. The prosecution story, in brief, is that the Riju Kumar is the informant/complainant of the case and accused persons are brother, father, mother and family members of his brother-in-law. It is alleged that sister of informant and her husband had returned two months ago after earning. It is further that sister of informant and her husband had planted the crop of wheat and potato on the land in their share. The informant /complainant went to the house of his sister and brother-in-law to help for irrigation of plants. It is alleged that brother-in-law and sister of informant were residing in thatched room with asbestos (karkat) which was built in the land of their own share. It is alleged that appellant and others were threatening the informant by mobile no. 9576256424 to mobile no. 9934554406. The complainant and his brother-in-law were irrigating the wheat crop on the land of informant’s brother-in- law share but after sometime while irrigation was going on, they visited the house for ten minutes. It is alleged that complainant went to the house of his brother-in-law two days earlier to help for irrigation of plants. It is alleged that the appellant and others were damaging the roof of asbestos (karkat) which was built by his brother-in-law in his own share of land and when the informant asked appellant and others as to why they were assaulting his sister and his brother-in-law, co- accused Shiv Nath singh abetted the accused to kill the informant and disappear his dead body upon which appellant is said to have assaulted the informant by means of Farsa on his neck which hit the informant on upper portion of of his head and blood started oozing out. It is alleged that appellant also gave second blow of farsa upon the informant which hit him on the shoulder. It is further alleged that co-accused Chandeshwar Singh gave rod blow on the neck of informant/complainant and also hit the shoulder, back. It is further alleged that wife of co- accused Shivnath Singh assaulted the informant by means of labda on his leg. It is further alleged that co-accused Indu Singh wife of appellant gave danda blow to the complainant as a result of which informant/complainant fell down on earth. It is alleged that villagers came and save the life of informant/complainant. It is further the informant and others wanted to get the injured treated at concerned Hospital but the accused persons reached there also and did not allow the informant to get treated. Lastly, they brought the injured informant to Chapra Sadar Hospital where the informant got treated. Then, complaint was filed and sent to the concerned police station for instituting the case and further investigation.

4. On the basis of complaint filed by the complainant, Complaint Case No. 176 of 2013 was filed which was converted into Derni P.S. Case No. 103 of 2014 dated 01.09.2014 registered under Sections 341, 323, 324, 307, 427, 504, 506, 34 of the IPC. Routine investigation followed. Statement of witnesses came to be recorded and on the completion of investigation, charge sheet has been submitted against the appellant and others under Sections Sections 341, 323, 324, 307, 427, 504, 506, 34 of the IPC. Thereafter, the learned trial court took cog