Judgment R.N.Prasad, J. 1. Both the appeals arise out of judgment and order of conviction dated 27-2-1987 passed by the Sessions Judge, Gopalganj in S.T. No. 21/78. Both the appeals have been heard together and are being disposed of by this judgment. Appellants in Cr. A. No. 94/87 have been convicted for the offence under Sections 302/149 of the Indian Penal Code and have been sentenced to undergo imprisonment for life. Appellants in Cr. A. No. 115/87 have been convicted for the offence under Sections 302/34 of the Indian Penal Code and have been sentenced to undergo imprisonment of life. 2. The prosecution case is that one Khalil Dewan went to the Police Station on 24-3-1978 along with dead body of his brother Halim Dewan, Bansi Khatik, father of appellant Ram Chandra Khatik No. 1 in Cr. A. No.115/87 and also with two injured persons, namely, Ram Lachhan Khatik and Munshi Koeri and gave his statement at about 5 p.m. before the Asst. Sub-Inspector of Police that at about 11.30 a.m. he was at his wheat field. His brother Halim Dewan was going to see his field. He saw two she-buffalos damaging his raher corp. He caught she-buffalos and brought them to his house for taking to the pond. At about 11.30 a.m., he saw that many persons variously armed with lathi, bhala, etc. were coming towards his house. He also came to his door and identified about 36 persons. Out of them Bansi Khatik asked his brother to leave the she-buff alios which his brother denied on which there was altercation between his brother Bansi Khatik. Thereafter, all the accused-persons surrounded his brother and on the order of Bansi Khatik, his son appellant Ram Chandra Khatik gave bhala blow on the chest of his brother and appellant Ramyash Khatik gave farsa blow on his head due to which he fell down. Thereafter, appellant Ram Lachhan Khatik, Ram Chandra Khatik No. 2 and Munshi Koeri assaulted him with lathi. His brother died at his door. The occurrence was witnessed by Bhulan Gour, Shankar Koeri, Halim Dewan, Bolomulla Dewan, Phuleshwar Koeri, Adalat Dewan, Juman Dewan and many others. 3. First Information Report was recorded and the investigation was taken up. The Investigating Officer inspected the place of occurrence. After completion of investigation submitted charge-sheet. His brother died at his door. The occurrence was witnessed by Bhulan Gour, Shankar Koeri, Halim Dewan, Bolomulla Dewan, Phuleshwar Koeri, Adalat Dewan, Juman Dewan and many others. 3. First Information Report was recorded and the investigation was taken up. The Investigating Officer inspected the place of occurrence. After completion of investigation submitted charge-sheet. On receipt of the charge-sheet, cognizance was taken and the case was committed to the Court of Session. For trial, 36 persons were put on trial out of whom only appellants have been convicted as stated above and 28 accused-persons were acquitted. 4. The defence of the appellants was total denial of participation and that they have falsely been implicated in this case. During trial, 9 witnesses were examined out of whom PWs-1, 2, 3, 4, 5 & 7 have been declared hostile, PW-6 is informant and claimed to be eye-witness and PWs-8 & 9 are the Investigating Officers. 5. PW-6 the informant stated in his evidence that he was at his wheat field. His brother Halim Dewan the deceased was going towards west to see his field. He saw two she-buffalos damaging his raher crop. He caught she-buffalo and brought to his house. He saw several persons variously armed with lathi, farsa and garasa coming towards his house. He also went to his house and identified the accused-persons. Bansi Khatik and Ram Chandra Khatik tried to untie the cattle which his brother objected. Bansi Khatik gave lathi blow to his brother and subsequently, Ram Chandra Khatik gave bhala blow on his chest and Ramyash Khatik gave farsa blow on the person of the deceased and when he fell down Munsi Koeri, Ram Lachhan Khatik and Ram Chandra Khatik assaulted him. The accused-persons tried to run away but the villagers followed them and at some distance the villagers killed Bansi Khatik and also injured two persons, namely, Ram Lachhan Khatik and Munsi Khatik. In examination-in-chief, the witness supported the prosecution case but in cross-examination, the witness stated that he was at his wheat field. He heard hulla. He went to his house but till then accused-persons had run away. Learned Counsel for the appellants pointed out that in view of the evidence as stated above the prosecution case cannot be accepted as true as the witness has admitted that when he reached his house, the appellants had run away. Learned Counsel for the State, Mr. He went to his house but till then accused-persons had run away. Learned Counsel for the appellants pointed out that in view of the evidence as stated above the prosecution case cannot be accepted as true as the witness has admitted that when he reached his house, the appellants had run away. Learned Counsel for the State, Mr. Lala Kaiiash Bihari tried to support the conviction of the appellants but he could not be able to answer the evience which has been indicated above. Thus, it is evident from the evidence of PW-6 the informant who is sole eye witness to the occurrence that he had not seen the occurrence. Moreover, in this case the Doctor has not been examined and thus cause of death could not be ascertained. 6. Thus, in the circumstances, we find no reason to uphold the conviction of the appellants. Accordingly, both the appeals are allowed. The judgment and order of conviction and sentence are hereby set aside. The appellants are discharged from the liability of the bail-bonds.