Ananda Sen, J.

1. Heard learned Sr. counsel for the appellants and the learned Addl. P.P. for the State.

2. The appellants have preferred this appeal against the Judgment of conviction dated 21.06.2006 and Order of sentence dated 23.06.2006, passed by the 1st Additional Session Judge, Chatra, in Session Trial No. 608 of 1993, by which the appellants have been convicted for committing offence under sections 307/149 and 302/149 of the Indian Penal code. Further appellant Ashok Dubey and Jashwant Kumar Dubey have been found guilty for the charge under section 148 of the Indian Penal Code and accused Himansu Kumar Dubey and Ajay Kumar Dubey have also been found guilty for the under section 147 of the Indian Penal Code. After the said conviction, they have been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- each for the charge under section 302/149 of the Indian Penal Code and in default of payment of fine they were further sentenced to undergo R.I. For six months. The convict Ashok Kumar Dubey and Jashwant Kumar have been further sentenced to undergo R.I. For 2 years each for the charge under section 148 of the Indian Penal Code and the convict Himansu Kumar Dubey and Ajay Kumar Dubey have been further sentenced to undergo R.I. for one year each for the charge under section 147 of the Indian Penal Code. No separate sentence was passed under section 307/149 of the Indian Penal Code. It was directed that the sentences to be run concurrently.

3. The prosecution case is based on the fardbeyan of the informant Rajesh Kumar Dubey (P.W.3), who stated that on 29.06.1992 at about 8.00 A.M. he was sowing maize seeds in the land situated towards the west of his house when his father Alakh Narayan Dubey (deceased) went to call labourer in the village. The informant heard alarm of his father and came running there and he saw accused Raghuwar Dubey (dead during the trial) armed with Lathi, Jashwant Kumar Dubey and Ashok Kumar Dubey armed with Farsa (sharp cutting weapon) and Himansu Kumar Dubey armed with sword and Ajay Kumar Dubey armed with dagger and Lathi, were abusing his father. The informant protested and tried to restrain the accused persons, where upon Raghuwar Dubey ordered the other accused persons to kill the father of the informant. On receipt of such command, Ashok Kumar Dubey and Jashwant Kumar Dubey assaulted his father by Farsa on his head resulting in cut injury. Ajay Kumar Dubey and Raghuwar Dubey assaulted his father by Lathi on his back, which also caused injuries. The informant stated that he along with his brother, Dinesh Kumar Dubey, wanted to save his father, but the accused persons also assaulted them by Farsa. When alarm was raised, the villagers, namely, Dhaman Singh, Rajdeo Singh, Chandrabasu Dubey and others reached at the place of occurrence and saved them from further assault. The informant took his father to Chatra Hospital, where his father and brother were treated and his father is still in unconscious state.

4. On the basis of the aforesaid Fardbeyan Chatra P.S. Case No. 113 of 1992, under sections 147, 148, 149, 323, 324, 307 of the Indian Penal Code was registered against the accused persons, in which Raghuwar Kumar Dubey and Sudhansu Kumar Dubey were also shown as accused, but they died during the trial.

5. In course of treatment, Alakh Narayan Dubey died in R.M.C.H., Ranchi, thus, on the prayer of the investigating officer section 302 of the Indian Penal code was added.

6. The Police investigated the case and after competition of investigation filed charge sheet under section 147, 148,149, 323, 307 and 302 of the Indian Penal Code. Cognizance was taken of the aforesaid offence and thereafter since the case was exclusively triable by the Court of Session, the same was committed to the Court of Session for trial.

7. Learned trial Court framed charges against the accused persons and as they pleaded 'not guilty' to the charges, they were put on trial.

8. Altogether eight w