G. Anupama Chakravarthy, J. – The appeal arises out of the judgment of conviction and order of sentence dated 13-10-2004 passed by the learned Additional Sessions Judge, Fast Track Court No. II, Bhagalpur, in ST No. 142 of 1996 / TR No. 164 of 2004, wherein the appellants have been convicted for the offence punishable under Section 307/34 of IPC and were sentenced to undergo rigorous imprisonment for a period of 8 years. Further, the appellants were convicted for the offence punishable under Section 450 of the IPC and were sentenced to undergo rigorous imprisonment for a period of one and a half month (45 days) for the said offence. However, the trial court directed that both the sentences shall run concurrently.

2. Altogether, there are four appellants in this case. As the criminal appeal pertains to the year 2004, this Court had called for a report from the Superintendent of Police, Bhagalpur, regarding alive status of the appellants. In compliance with the order of this Court, the Superintendent of Police, Bhagalpur sent a detailed report stating that all the appellants are alive.

3. As there was no assistance from the Learned counsel for the appellants, this Court appointed Mrs. Vandna Rani as Amicus Curiae to assist this Court vide order dated 12-03-2026. When the matter was taken up, the Learned Senior Counsel for the appellants, Mr. Baxi S.R.P. Sinha, appeared and submitted his arguments along with the Learned Amicus Curiae.

4. Heard argument of the Learned counsel for the appellants and the Learned Amicus Curiae, as well as Mrs. Anita Kumari Singh, the Learned Additional Public Prosecutor for the State. Perused the record.

5. The case of the prosecution, in nutshell, as per the fardbeyan of the informant, Bina Khatoon (PW-2), is that on the date of the incident, she went to Chanan river, which is on the northern side of her house, in order to fetch water. There, she had an altercation with the daughter of Md. Mustaque. She returned home with water. In the meanwhile, Md. Mustaque holding a garasa, Md. Arshad holding a farsa, and Md. Mojib and Md. Julfikar holding lathis in their hands came to her courtyard and started abusing her. Md. Mustaque hit her on the right side of her head with garasa, due to which she sustained a cut injury.

6. The contents of the fardbeyan further disclose that the alleged occurrence was witnessed by her mother/ Bibi Kuraisa/ (PW-1), cousin brother Tahir, Md. Naeem, Md. Masagar, and Sahabuddin. After assaulting her, all the accused fled away. After sustaining the injury, the informant fell unconscious, and in that condition, she was shifted to the hospital by Md. Sarwar, Md. Mursid, Md. Anwar, and Md. Masagar. After regaining consciousness, she gave her statement. The fardbeyan further disclose that the incident occurred at about 06:00 PM.

7. It is relevant to mention that as per the contents of the fardbeyan, it was recorded by SI Yogendra Das of Jagdishpur Police Station, on 12.03.1994 at 08:00 PM at the police station,. However, in the said fardbeyan, it is specifically mentioned by PW-2, that she was shifted to the hospital and after regaining consciousness, she gave her statement. Thus, the two parts of the fardbeyan are contradicting as to whether the statement was recorded at the Jagdishpur Police Station or at the hospital where the PW 2 regained consciousness?

8. On the basis of the fardbeyan of PW 2 dated 12.03.1994, a criminal case was registered vide GR No. 484 of 1994 on the file of Jagdishpur Police Station against all the appellants for the offences punishable under Sections 326, 448, r/w 34 of the IPC.

9. On completion of the investigation, the police submitted a charge-sheet against the appellants for the offences punishable under Sections 307, 448, 326 r/w 34 IPC. During the course of trial, the trial court framed charge on 02.12.1998 against the appellants for the offences punishable under Sections 450 and 307 r/w 34 IPC read over and explained the content of charge to them, for whi