(Delivered by Hon'ble Mrs. Vijay Lakshmi,J.)

1. Challenge in this appeal is to the judgment and order dated 25.7.2012 passed by the Additional Sessions Judge, Court No. 2, Varanasi, in S.T. No. 96 of 2005, State of Uttar Pradesh Vs. Lal Chandra Dixit and others, whereby the trial court has convicted the appellants u/s 304 read with 34 I.P.C. and has sentenced them to life imprisonment. Each of the appellants has also been convicted and sentenced u/s 324 read with 34 I.P.C. with R.I. for three years and u/s 325 read with 34 I.P.C. with R.I. for five years and fine of Rs. 10,000/-; in default of payment of fine, three months' additional imprisonment and u/s 504 I.P.C. with imprisonment of one year. All the sentences have been directed to run concurrently.

2. Heard Sri Harish Chandra Tiwari assisted by Sri A.K. Srivastava, learned counsel appearing for the appellants as well as Sri Saghir Ahmad and Sri J.K. Upadhyay, learned A.G.A. representing the State. Perused the lower court's record.

3. The background facts in brief are that on 16.6.2004 at 11.05 P.M. an FIR was lodged by the informant/ injured Chavinath Dixit mentioning therein that the informant were four brothers, out of whom one brother namely Sakal Narayan Dixit had died earlier at young age and his widow Smt. Bela Devi was living with the informant. Partition had taken place among all the brothers about one year prior to the occurrence and all of them were living separately. On 16.6.2004 at about 7.30 A.M. the younger brother of informant namely Lal Chandra Dixit (accused-appellant no. 1), who after the partition had enclosed his portion by constructing a boundary wall which he started breaking so as to open a door in it making way through the land of the informant. When the informant tried to prevent him from opening the door and making the way through his land, accused Lal Chandra Dixit and his son Ashok Dixit attacked him with a 'Ramma' (a lathi with an iron ring put around it). When Bela Devi came to rescue him, she was also assaulted by the appellant Lal Chandra Dixit. As a result both of them sustained grievous injuries. The cousin brother of the informant namely Ramesh Dixit and a distant relative Santosh Dixit took them to P.H.C., Badagaon, from there they were referred to Kabir Chaura Hospital, Varanasi. A written report of the incident along with medical examination reports was sent to the Station Officer, P.S. Badagaon, Varanasi, by the informant with prayer to lodge the FIR. As the condition of Bela Devi was serious and she was unconscious due to head injury, she was admitted in B.H.U. Hospital, there her treatment continued till 26.6.2004. However, on 26.6.2004 she succumbed to her injuries. The information about her death was sent to P.S. Badagaon, Varanasi, on 29.6.2004 by the informant whereupon section 304 I.P.C. was added against the appellants.

4. The matter was investigated. The Investigating officer recorded the statements of witnesses, prepared site plan and submitted charge sheet against the appellants and one Patharu (co-accused), who has also been convicted by the trial court in the case, however, he is not an appellant in the present appeal.

5. In the trial court, charges u/s 304/34, 324, 325/34 and 504 I.P.C. were framed against the appellants, who denied the charges and claimed their trial.

6. The prosecution in order to prove its case produced ten witnesses in all, out of which three witnesses are witnesses of fact and rest are of formal character. A short description of the witnesses is as under:

PW1 is the first informant/ injured Chavinath Dixit. PW2 Lalji Pandey is the brother of deceased Bela Devi. PW3 is Ramesh Chandra Dixit, who is said to have taken the injured to the hospital for medical treatment. PW4 Rajnath Dubey and PW5 Jai Singh are witnesses of inquest. PW6 is Dr. V. K. Dubey, who was posted at PHC Badagaon and who had medically examined the injured Bela Devi and Chavinath Dixit on 16.6.2004 and had referred them t