B.N.P.SINGH, J. - (1.)AFTER the buffalo of Maheshwari Mukhiya dashed with the buffalo of Tuntun Yadav (PW 4), an altercation ensued between them, pursuant to which it is alleged that Yogendra Mukhiya and Suresh Mukhiya came carrying lathi with them and did assault Tuntun Mukhiya. It was alleged that when Kripal Yadav came for rescue of Tuntun Mukhiya and wanted to restrain the assailants, But - tan Mukhiya and sitaram along with others came and on exhortation made by Maheshwari Mukhiya. Buttan Mukhiya thrust bhala in the abdomen of Kripal Yadav when the intestine bulged out. It was alleged that Kripal Yadav and Tuntun Mukhiya. pursuant to the assault on Kripal by bhala. were also assaulted by hard and blunt substance. Complicity of Ram Mukhiya. Saryug Mukhiya, Kishundeo Mukhiya. Parmeshwari Mukhiya and Lallan Singh were also suggested among the assailants and with these accusations, fardbeyan of Tuntun Yadav was recorded on 19th May. 1987 at 9.45 hrs. at Sadar Hospital. Saharsa and investigation commenced.
(2.)DURING investigation, the Investigating Officer visited the place of occurrence, recorded statement of witnesses. secured post -mortem report from the hospital and on conclusion of investigation, charge -sheet was laid before the Court against as many as ten persons including the appellants. The case was committed to the Court of Sessions when charges were framed against the appellants and others. Buttan and Maheshwari Mukhiya were charged under Section 302/149 Indian Penal Code (IPC). While Buttan Mukhiya was also tried for offence under Section 302, IPC simpliciter. Maheshwari Mukhiya, Yogendra and Suresh Mukhiya also stood charged under Section 323. IPC. However, the trial Court on consideration of evidence on record, while acquitted rest of the accused persons of the charges finding Buttan Mukhiya and Maheshwari Mukhiya guilty under Section 302/34. IPC. sentenced them to suffer rigorous imprisonment for life. Buttan Mukhiya also suffered conviction under Section 302. IPC and was sentenced to suffer imprisonment for life. Maheshwari Mukhiya and Yogendra Mukhiya also suffered conviction under Section 323. IPC and were sentenced to suffer rigorous imprisonment for six months. However, sentences were directed to run concurrently.
Two appeals were preferred challenging the findings recorded by the trial court and while Cr. Appeal No. 142 of 1995 was preferred by appellant Buttan. Cr. Appeal No. 110 of 1995 was preferred by appellant Maheshwari and Yogendra Mukhiya. The matte being analogous, both these appeals were heard together and are being disposed of by this common order.

(3.)IN the eventual trial, the prosecution examined altogether eight witnesses and those examined by the prosecution include Police Officer, who conducted investigation of the case, two doctors, one of whom carried to surgical operation on Kripal Yadav and the other who held autopsy over the dead -body of the deceased, pursuant to the death of Kripal Yadav who eventually succumbed to the injures in the hospital. The witnesses examined by the State also include persons who set the Police in motion, brother of the deceased and also those who claimed to be ocular witnesses of the incident. When the appellants were examined by the Court, under Section 313 of the Code of Criminal Procedure, they reiterated their innocence with counter -accusation against the prosecution party and as has been urged, the trial court on consideration of evidences placed on record by both the parties, rendered verdict of guilt against the appellant and sentenced them in the manner stated above.