Hon’ble Rajeev Misra, J.—Feeling aggrieved by the conviction as well as the sentence of life imprisonment awarded by the VIIIth Additional Sessions Judge, Bulandshahar, under Sections 302/34 IPC and 323/34 IPC the appellants Gajraj, Jayanti and Tota all sons of Hukum Singh have filed the present criminal appeal.

2. We have heard Mr. S.C. Dwivedi, Advocate, assisted by Mr. Shyam Bahadur Vaish, Advocate, for the appellants and Mr. Rajiv Sharma, the learned A.G.A. assisted by Mr. Ajeet Ray, A.G.A. for the State.

3. Adverting to the factual matrix of the appeal in hand, it appears that an incident occurred on 23.2.1985 around 10:35 am at village Sunehara Ki Madheia on the road in front of the Baithak (a roofed gallery for sitting in front of a house) of Hukum Singh in which Vijay Pal Singh brother of Charan Singh and Maya sister of Charan Singh/wife of Sukh Pal sustained injuries on account of the alleged assault by the accused Gajraj, Jayanti and Tota.

4. Charan Singh the first informant lodged an FIR dated 23.12.1985 at 11:30 am (Ex. A1) at the Police Station Kotwali Dehat, District Bulandshahr nominating the appellants Gajraj, Jayanti and Tota as accused.

5. The prosecution story as unfolded in the FIR is that Gajraj, Jayanti and Tota all sons of Hem Singh, who are the cousin brothers of the first informant Charan Singh, are alleged to have forcibly and unlawfully occupied ¾ Bighas of land of the first informant on account of which there was exchange of hot words. Five/Six days before the fateful day, the pumping set of Jayantri installed on Buggy (a wooden cart drawn by male buffalo) was stolen on account of which the accused persons had taken up cudgels with the first informant and abused him. They had also threatened the first informant of taking revenge. On the fateful day of 23.12.1985 at around 10:25 am Vijay Pal, the brother of the first informant had gone on a bicycle to purchase Bidi (country made cheroot). The first informant was at home massaging his body when all of a sudden he heard shouts. Alarmed by the same, the first informant went ahead and saw that the three accused persons namely, Jayantri, Gajrat and Tota armed with Lathi and Pharsa (a sharp edged weapon) were assaulting his brother Vijay Pal. Maya the sister of the first informant rushed out to save Vijay Pal who was also assaulted. Upon hearing the noise, Balbir son of Bhagwan Chand, Bhagwan Chand Son of Bahuri, Bahuri and many other men and women also came on the spot. Thereafter, the accused persons leaving the injured brother of the first informant ran away. Vijay Pal sustained injuries all over the body, whereas the sister Maya sustained injuries on the head. Placing Vijay Pal upon a Rickshaw, the first informant accompanied him and went to the police station for lodging the F.I.R and reached at the police Station concerned on 23.3.1985 at 10:35 am.

6. The entry of the FIR dated 23.12.1985 was made in the G.D, vide report No. 18 on 23.12.1985 at 11:30 am. The chick FIR was registered at 11:30 am. The special report regarding the aforesaid FIR was sent on 24.3.1985.

7. Upon registration of the FIR, dated 23.3.1985, the police of Police Station Kotwali Dehat, District Bulandshahr came into motion. Vijay Pal the injured was taken to the District hospital by constable CP 536 Shailendra. Regarding Maya, the injured sister, the police request for medico legal examination of the injured as provided in form 13 Cr.P.C. (majroobi Chithi) dated 23.3.1985 was prepared by the Station House Officer. Accordingly, the injured Maya was also taken to the hospital.

8. The injured Vijay Pal was admitted for treatment at the District Hospital Bulandshahr and accordingly, a Bed Head Ticket (Ex. Kha-1) was allotted to him. Upon examination the Doctor looking after the injured Vijay Pal opined that the injured Vijay Pal has sustained multiple incised wounds in fr