Judgment A.K.Verma, J. 1. These two criminal appeals arise out of the same judgment and order dated 16.12.1993, passed by the 4th Additional Sessions Judge, Saran at Chapra in Sessions Trial No. 19 of 1992. Therefore, these two criminal appeals are disposed of by this common judgment. 2. In Criminal Appeal No. 18 of 1994, the sole appellant is Narendra Prasad Singh, who has been convicted under Section 302, IPC and sentenced to undergo RI for life. In Cr. Appeal No. 33 of 1994, there are two appellants Madan Ram and Bhim Ram. Appellant Madan Ram has been convicted under Section 302, IPC and sentenced to undergo RI for life. Appellant Bhim Ram has been convicted under Section 307/149, IPC and sentenced to undergo RI for seven years. 3. In short the case of the prosecution is that on 31.8.1991 informant Devendra Prasad Singh (PW 13) was studying in the light of the electric bulb at his bathan and Vish-wanath Singh (deceased) grand father of the informant and Sheonath Singh (deceased) and Harendra Singh (deceased) father pf the informant and Kamlesh Singh, (deceased) brother of the informant and Raghvendra Singh were sleeping there. In the meantime 20 to 25 persons came there and some of them started assaulting Vishwanath Singh with bhujali and some went to Harendra Singh and started assaulting him with bhujali The informant identified accused Narendra Singh, Benot and Madan Ram amongst them, who were armed with bhujali Some of the criminals assaulted Sheonath Singh (deceased) and Kamlesh Singh (deceased). The informant wanted to run away, but three of the criminals chased and caught him whom the informant could not identify. Those three persons, who had caught the informant assaulted him with bhujali and he fell down. Thereafter the criminals fled away. 4. On the alarm raised by the informant, neighbours came there and they also raised alarm. At that time, the informant was conscious and learnt that his brother, his grant father and brother of his grand father had been murdered by the criminals and Raghvendra Singh had also been assaulted and injured by the criminals. 5. The reason of the occurrence is said to be that the father of the informant was teacher in the school of the village and accused Harendra Singh is also a teacher there and there was difference regarding the payment of salary between them. 5. The reason of the occurrence is said to be that the father of the informant was teacher in the school of the village and accused Harendra Singh is also a teacher there and there was difference regarding the payment of salary between them. Accused Narendra Singh had threatened the father of the informant about four days before the occurrence. About 2-3 months before the occurrence the labourers had gone on strike and accused Madan Ram was its leader and he had threatened to teach lesson to the villagers one by one. According to the informant accused Narendra Singh and Madan Ram had conspired amongst themselves and committed the crime. 6. The fardbeyan of the informant Devendra Prasad Singh was recorded by S.I. A.P. Singh of Bhagwan Bajar Police Station on 1.9.1991 at 2 p.m. at Sadar Hospital, Chapra. The fardbeyan is Ext. 6 in this case. On the basis of fardbeyan the formal FIR (Ext. 7) was drawn in this case. After investigation police submitted charge-sheet against the accused persons. The learned Chief Judicial Magistrate after taking cognizance of the case committed the case to the Court of Sessions for trial. The defence of the accused persons is that they have been falsely implicated in this case due to enmity. 7. In this case 15 witnesses have been examined on behalf of the prosecution and two witnesses have been examined on behalf of the defence and one witness has been examined as Court witness. PW 1 Jhulan Singh and PW 2 Ragho Singh are witnesses of formal nature. PW 1 has proved two seizure lists and PW 2 has proved seven seizure lists and said that he had put his signature on one seizure list. PW 5 Ramashanker Singh has stated that the Daroga had seized blood stained clothes before him and prepared its seizure list and he (PW 5) and Rajesh Kumar Singh had signed on it as witnesses. According to PW 6 Jitan Singh, the Daroga had seized some papers before him and prepared the seizure list and he (PW 6) had signed on it. PW 8 Ashok Kumar Singh has stated that the Daroga had seized blood soaked earth from two places before him, one at the place where the dead body of Vishwanath Singh was lying and another from the place where the dead body of Shivnath Singh was lying. PW 8 Ashok Kumar Singh has stated that the Daroga had seized blood soaked earth from two places before him, one at the place where the dead body of Vishwanath Singh was lying and another from the place where the dead body of Shivnath Singh was lying. According to him the Daroga had prepared the seizure list and he had Basistha Narain Singh had signed on both the seizure lists as witness. PW 7 Shyam Lal Bari has stated that he awoke on hearing some sound and went to the Bathan of Vishwanath Singh and found that Bablu Singh was drenched with blood. He has also said that he found Vishwanath Singh, Shivnath Singh, Harendra Singh, Kamlesh Singh dead on the dalan of Vishwanath Singh. Admittedly he is not an eye witness to the occurrence, but the fact that four persons had died in the occurrence and Bablu Singh whose name is Devendra Singh also had been injured is su ported by the evidence of this witness. PW 10 Rajesh Kumar Singh has been tendered by the prosecution. PW 9 Swami Nath Ram is a ploughman of the deceased Vishwanath Singh. According to him, Madan and Muni Chamar were the ploughmen of deceased Vishwanath Singh before him (PW 9) and Madan and Muni had asked him not to do the work of Vishwanath Singh and he (PW 9) had received threatening about 10-15 days back. His evidence shows that accused Madan had worked as ploughman at the place of deceased Vishwanath Singh also and he was against the working of any one at the place of deceased Vishwanath Singh. PW 14 is Prithvinath Tiwary, who was Officer-in-Charge of Rasulpur P.S. on 6.11.1991. He has stated that he had taken the investigation of the case from Mithilesh Kumar Tiwary on that day and obtained the injury report of Raghvendra and Devendra and submitted charge-sheet against the accused persons. He had prepared four inquest reports Exts. 5 to 5/3 of the deceased at the place of occurrence on direction of Inspector Mithilesh Kumar Singh. He has said in his cross- examination that he had not recorded the evidence of any witness in this case. He has further said in his cross-examination that on 1.9.1991, he had gone to the place of occurrence and he does not remember that on the basis of which information he had gone to the place of occurrence. He has said in his cross- examination that he had not recorded the evidence of any witness in this case. He has further said in his cross-examination that on 1.9.1991, he had gone to the place of occurrence and he does not remember that on the basis of which information he had gone to the place of occurrence. PW 12 is Binod Kumar Singh. According to him, he was at Chapra at the time of occurrence and he received information there that two members of his family had been brought to Chapra Hospital and his uncle Vishwanath Singh and brother Harendra Singh and nephew Kamlesh Kumar had been murdered and he went to Chapra Hospital and found Devendra Kumar Singh and Raghvendra Kumar Singh in injured condition. He is not an eye witness to the said occurrence, but the prosecution case that some people were murdered and some were injured in the occurrence is supported by his evidence as he had seen the two injured persons Devendra Kumar Singh and Raghvendra Kumar Singh in the hospital. 8. PW 8 is Dr. Raj Bali Singh, who had conducted the post- mortem examination on the dead bodies of Vishwanath Singh, Harendra Singh. Kamlesh Singh and Shivnath Singh. The postmortem reports are Exts. 2 to 2/c PW 4 is Dr. Ramesh Chandra Pandey, who had examined Raghvendra Singh and Devendra Singh and found injuries on their person. PW 3 Dr. Rajbali Singh has stated that on 2.9.191, he was posted as Civil Assistant Surgeon at Sadar Hospital Chapra and on that day, he had conducted autopsy on the dead body of Vishwanath Singh and found the following ante-mortem injuries : (i) Incised wound about 3" x 1/2" bone deep on the right side of mid neck running antero posteriorly. (ii) Incised wound about 1" x 1 /2" x 1" on the right side of the mid neck, running antero posteriorly just above the previous wound. (iii) Incised wound about 1/2" x 1/2" x 1/2" on the right supra orbital region. (iv) Incised wound about 1/2" x 1/2" x 1/2" on the right thumb. (v) Incised wound about 1/2" x 1/2" x-1/2" on the left arm on the flexor surface at the mid position. He has further said that on dissection there was cut injuries to the muscles blood vessels, nerves etc. (iv) Incised wound about 1/2" x 1/2" x 1/2" on the right thumb. (v) Incised wound about 1/2" x 1/2" x-1/2" on the left arm on the flexor surface at the mid position. He has further said that on dissection there was cut injuries to the muscles blood vessels, nerves etc. and sharp cut of the mid cervical vertebra almost totally and there was huge collection of clotted blood in immediate vicinity. He has also said that in his opinion, the death was due to haemorrhage and shock caused by sharp cutting weapon such as bhujali and all injuries were sufficient to cause death in ordinary course of nature. He has stated that on the same day at 10.45 a.m. he held post-mortem on the dead body of Harendra Singh and found the following ante- mortem injuries on the body of deceased. (0 Incised wound about 4" x 1/2" bone deep in the mid cervical region on the left side running antero- posteriorly. (ii) Incised wound about 2" x 1/2" x I" on the left shoulder region. (iii) Incised wound mid scalp about 1" x 1/2" x 1". He has said that in his opinion death was due to haemorrhage and shock caused by sharp cutting weapon such as Bhujali, which were sufficient tq cause death in ordinary course of nature. He has further said that on the same day at 10.55 a.m. he held postmortem examination of Kamlesh Singh and found the following ante-mortem injuries on the dead body : (i) Incised wound about 4" x 1/2" x bone deep on the mid neck on the left side running antero posteriorly. (ii) Incised wound about 2" x 1/2" x 1" on the right side of mid neck running antero posteriorly. (iii) Incised wound about 1/2" x 1/2" x 1/2" in the left index finger. According to him on dissection there were sharp cut injuries involving the muscles blood vessels, nerves etc. and partial cut of the mid cervical region of the bone with huge collection of clotted blood around the injured part. He has also said that in his opinion, the death was due to haemorrhage and shock caused by aforesaid injuries, which were caused by sharp cutting weapon such as bhujali and injuries were sufficient to cause death of the deceased in the ordinary course of nature. He has also said that in his opinion, the death was due to haemorrhage and shock caused by aforesaid injuries, which were caused by sharp cutting weapon such as bhujali and injuries were sufficient to cause death of the deceased in the ordinary course of nature. Further according to him on the same day at 11.55 a.m. he had conducted the post-mortem examination on the dead body of Shivnath Singh and found the following antemortem injuries on his body : (0 Incised wound about 2" x 1/2" x bone deep on the left side of the mid neck running antero posteriorly. (ii) Incised wound about 1" x 1/2" x 1" on the same side just above injury No. 1. (iii) Two incised wound about mid scalp, about 2" x 1/2" x 1" parallel to each other running antero posteriorly. (iv) Incised wound about 1" x 1/2" x 1" on the left shoulder. (v) Incised wound about 1" x 1/2" x 1" on the back on the upper part. (vi) Incised wound about 1-1/2" x 1/2" x 1" on the left thigh on the medical aspect running antero posteriorly. He has said that on dissection and in his opinion death was due to shock and haemorrhage due to above injuries caused by sharp cutting weapon like bhujali and injuries were sufficient to cause death in the ordinary course of nature. There is nothing in his cross-examination to disbelieve his evidence. 9. PW 4 is Dr. Ramesh Chandra Pandey. He has stated that on 1.9.1991, he was posted at Chapra Sadar Hospital as Civil Assistant Surgeon and on that day at 3.15 a.m. he had examined Raghvendra Singh and found the following injuries on his person : (i) Incised wound on right side of cheek from nose to ear 2" x 1-1/2" (depth). (ii) Incised wound 1/2" x 1/4" x bone deep on left little finger. (iii) Complaint of pain right shoulder for which patient was advised X-Ray. (iv) Incised wound on right index finger 1" x 1/4" x 1/2". He has said that injury No. 1 was grievous in nature and opinion on injury No. (iii) was kept reserved for want of X-Ray and the rest injuries, le. 2 and 4 were simple in nature. (iii) Complaint of pain right shoulder for which patient was advised X-Ray. (iv) Incised wound on right index finger 1" x 1/4" x 1/2". He has said that injury No. 1 was grievous in nature and opinion on injury No. (iii) was kept reserved for want of X-Ray and the rest injuries, le. 2 and 4 were simple in nature. He has also said that injury No. 1 to 4 were caused by sharp cutting weapon such as Bhujali and injury No. 3 was caused by hard blunt substance. He has further stated that on the same day at 3.20 a.m. he had examined Devendra Singh and found the following injuries on his person : (0 Incised wound on right side of cheek measuring 4" x 1/2" x 1". (ii) Incised wound on scalp 3" x 1" x bone deep. (iii) Incised wound on right elbow 3" x 1/2" x 1". (iv) Incised wound on left fore arm 2" x 1/2" x 1". (v) Incised wound on left fore arm 3" x 1" x 1". (vi) Incised wound on left fore arm 2" x 1" x 1". According to him injury No. 1 was grievous in nature and other injuries were simple and all injuries were caused by sharp cutting weapon such as bhujali. There is nothing in his cross- examination to disbelieve his evidence. 10 It was argued by the learned counsel appearing on behalf of the appellant that the FIR of this case was recorded on 1.9.1991 and it was received in the office of the Chief Judicial Magistrate on 5.9.1991. It was also argued by him that there had been fabrication in the FIR during that period. He only pointed out the date below the signature of CJM on the FIR, which is 5.9.1991. The receipt register of the office of the CJM to show the time and receipt of the FIR has not been brought on the record. The informant of this case is Devendra Prasad Singh (PW 13) and the I.O. of this case is Mithilesh Kumar Singh (PW 15). No suggestion on behalf of the defence has been made to the witnesses that there had been any change in the Jardbeyan or there was any fabrication in it. There is no material, to show that there had been any fabrication or change in the Jardbeyan of this case. No suggestion on behalf of the defence has been made to the witnesses that there had been any change in the Jardbeyan or there was any fabrication in it. There is no material, to show that there had been any fabrication or change in the Jardbeyan of this case. In the circumstances it cannot be accepted that there has been any change or fabrication in the Jardbeyan. 11. It was submitted by the learned counsel appearing on behalf of the appellant that PW 11 Raghvendra Prasad Singh of this case was examined by the I.O. after 12-13 days of the occurrence. PW 4 Dr. Ramesh Chandra Pandey had found four injuries on the person of Raghvendra Singh, which have been mentioned above and according to him injury No. 1 was grievous in nature which was incised wound on right side of the cheek from nose to ear. PW 11 Raghvendra Prasad Singh has said in his evidence that besides him, his nephew Devendra Singh was also among injured and the} were taken on jeep and he became unconscious on the jeep and he regained consciousness at Chapra hospital after 2-3 days and he had stitches on his face, cheek etc. and it was bandaged and he was unable to speak and Daroga had taken his statement after 12- 13 days. PW 15, the I.O. of the case has said in his evidence chat on 2.9.1991 he had gone to the place of occurrence and gone to Chapra Sadar Hospital at 9.45 a.m. and he recorded the statement of Devendra Prasad Singh and injured Raghvendra Singh was not in a position to speak on that day. When a person has grievous injury on his cheek and stitches on his face and cheek, it is not expected that he will be in a position to give statement. In view of the above facts and circumstances and the medical evidence as well as the evidence of I.O, the evidence of PW 11 Raghvendra Singh, who is an injured of this case, cannot be disbelieved on the ground that his statement was recorded by the police after 12-13 days of the occurrence. 12. In view of the above facts and circumstances and the medical evidence as well as the evidence of I.O, the evidence of PW 11 Raghvendra Singh, who is an injured of this case, cannot be disbelieved on the ground that his statement was recorded by the police after 12-13 days of the occurrence. 12. It was contended by the learned counsel for the appellant that in between the place of occurrence and the Chapra Sadar Hospital, there are two Police Stations Rasulpur and Ekma, but no information was lodged at any of the Police Stations in the way and the accused persons have been falsely implicated in this case. Admittedly four persons had been murdered in the occurrence and two were injured and had grievous injury. When the person having grievous injuries are taken to the Hospital for providing medical treatment normally the priority will be to provide medical aid for the safety of the injured persons and, therefore, the prosecution case cannot be disbelieved on the ground that information regarding the occurrence was not lodged at the Police Station in the way to the Hospital. The fardbeyan of the informant was recorded at the Sadar Hospital Chapra itself. In view of the facts and circumstances of the case, the above argument of the learned counsel for the appellant is not tenable. 13. PW 15 is Mithilesh Kumar Singh, the I.O. of this case. According to him on 1.9.1991, he was Inspector of Police of Ekma Circle and on that day at 6 a.m. he heard at Ekma that four persons of one house had been murdered in village Benaut. He has said that he reached Rasulpur P.S. at 7 a.m.and he learnt there that the Officer -in-Charge of Rasulpur P.S. had proceeded for village Benaut and he {PW 15) reached the village at 7.45 a.m. and found four dead bodies at the dalan of Vishwanath Singh and on his direction, the Officer-in-Charge of Rasulpur P.S. prepared the inquest report of the deceased. Further according to him, the Superintendent of Police, Saran had reacned the place of occurrence and directed him (PW 15) to investigate the case and he (PW 15) inspected the place of occurrence at 9 a.m. He has also said that the place of occurrence is the haithka of the deceased family and the sahan land in front of the baithka in village Benaut and there was a hut in the so/ton land on the eastern side and there was another hut on the northern side in the sahan and in between the two huts there were three chowkis and two cots and on the three chowkis and two cots the deceased and their family members were said to be sleeping. Further according to him, there were two chowkis in the solum and on the western chowki there was Toashak with bed-sheet and pillow and there was sufficient blood on it and the dead body of Harendra Singh was found on that chowki and there was also sufficient blood below the chowki He has said that there were two cots towards north of the chowki and on the ground in between two cots, the dead body of Karnlesh Singh was found and the blood was also there close to his dead body and there was dead body of Sheonath Singh on the cot and there was sufficient blood there also. According" to him, the dead body of Vishwanath Singh was also there on the ground and sufficient blood had also fallen there. He has stated that he seized the blood soaked earth from near the dead body and prepared the seizure list before the witnesses. Further according to him, he had searched the house of accused Madan Ram on the same day at 12.30 p.m. and seized some papers and prepared its seizure list before the witnesses. He has stated that on that day at 7.15 p.m. he had searched the house of Narendra Singh and he was not found in his house. He has stated that on 2.9.1991 he left the place of occurrence and reached Chapra Sadar Hospital and recorded the fardbeyan of injured Devendra Prasad Singh in the hospital. He has also said that injured Raghvendra Singh was not in a position to speak on that day. He has stated that on 2.9.1991 he left the place of occurrence and reached Chapra Sadar Hospital and recorded the fardbeyan of injured Devendra Prasad Singh in the hospital. He has also said that injured Raghvendra Singh was not in a position to speak on that day. When the injured Raghvendra Singh (PW 11) was not a position to speak on that day, it was natural for the I.O. to record the statement of injured Raghvendra Singh later on. The injuries of Raghvendra Singh found by the Medical Officer has already been discussed above. The I.O. (PW 15) has said that he obtained the blood stained clothes of injured Devendra Singh and Raghvendra Singh in the hospital and prepared its production-cum-seizure list. He has also said that he sent the blood soaked earth and blood stained clothes which he had seized to the Forensic Science Laboratory, Patna for examination and the materials had been received with report from Patna. The half shirt of Raghvendra Singh and full shirt of Devendra Prasad Singh and the lungi of Devendra Prasad Singh and Raghvendra Singh had been marked material exts. in the trial Court during the evidence of this witness. He (I.O. PW 15) has said in his evidence that he got the post-mortem report of the four dead persons and he had taken the clothes of the deceased on the basis of the inquest report and sent it for examination to Patna and its report had also been received back after examination. The ganji and dhoti of deceased Narendra Singh and dhoti of deceased Sheonath Singh and the khadi dhoti and khadi ganji of Vishwanath Singh and the lungi and ganji of deceased Kamlesh Singh, had been marked material exts. in the trial Court during the evidence of this witness (PW 15), the I.O. of this case. He (PW 15) has said that he arrested Madan Ram and his father Muni Ram on 4.9.1991 at 2 p.m. and had also arrested accused Raghubir Barai and Anirudh Ram on the same day and Madan Ram was wearing kurta, which had blood like mark on it and he (PW 15) seized it before the witness and prepared its seizure list and he had sent the kurta also for examination to Patna. The kurta had also been marked as material exts. in the trial Court during the evidence of this witness. The kurta had also been marked as material exts. in the trial Court during the evidence of this witness. According to him, he had recorded the statement of Raghvendra Prasad Singh alias Laddu in Sadar Hospital Chapra on 13.9.1991. The fact that the I.O. had found four dead bodies at the P.O. with sufficient blood and he had recorded the statement of two injured persons, who had grievous injuries at Chapra Sadar Hospital show the brutality of the crime committed by the accused persons. The materials found at the place of occurrence and the circumstances and facts of the case clearly show that the accused persons had committed the offences in a well planned manner. The facts also show that all the four deceased and the two injured persons belonged to the same family. 14. PW 13 is Devendra Prasad Singh, the informant and one of the injured in this case. He has stated that his alias name is Bablu and the occurrence is of 31.8.1991 at 11.30 p.m. and at the time, he was studying in his house in the light of the electric bulb. He has further said that his grand father Vishwanath Singh and Chachera Dada Shivnath Singh, father Harendra Singh and brother Kamlesh and uncle Raghvendra Singh were sleeping and in the mean time 20-22 persons came to the dalan of his house and they started assaulting his (PW 13) grandfather, father, brother and uncle by bhujali and he identified accused Harendra Singh and Madan Ram, among the assailants in the light of electric bulb and both of them were assaulting his father Harendra Singh. According to him, he tried to run away on which the criminals chased and caught him and assaulted him with bhujali and he sustained injuries on his face, head and below the neck and shoulder and he fell down. He has also stated that his grand father Vishwanath Shagh, Chachera Dada Shivnath Singh, father Harendra Singh and brother Kamlesh Singh were murdered by the criminals and he and Raghvendra Singh were injured and on hulla people of village and Shyamlal Barai (PW 7) had come. Further according to him, he and his injured uncle were taken to jeep on cot and Raghvendra had become unconscious and they were taken to Chapra Hospital on jeep, where Daroga came on the next day and recorded his statement. Further according to him, he and his injured uncle were taken to jeep on cot and Raghvendra had become unconscious and they were taken to Chapra Hospital on jeep, where Daroga came on the next day and recorded his statement. According to him, there had been dispute between his father and accused Narendra Singh regarding payment of salary and due to that Narendra Singh had threatened his father. Further according to him accused Madan Ram was working as a labourer at his place and his father was hiss ploughman and about one and half to two years back there had been quarrel between the accused Madan Ram and his (PW 13) family members regarding increase in wages. His evidence is consistent to the case of the prosecution and supported by the evidence of two Medical Officers PW 4 Dr. Ramesh Chandra Pandey and PW 3 Dr. Rajbali Singh and the I.O. of the case PW 15 Mithilesh Kumar Singh. 15. PW 11 is another injured Raghvendra Prasad Singh. He has said that his alias name is Laddu. According to him also the occurrence is of 31.8.1991 and the time was 11 to 11.30 p.m. and at that time he and his family members were sleeping in the bathan of the house and he was on the chowki and by the side of his chowki on another chowki Harendra Singh and Kamlesh Singh were sleeping and his father and uncle were sleeping on separate cots and his nephew Jitendra Singh alias Bablu was sleeping on another cot and his nephew Devendra (PW 13) was studying. He has stated that he awoke up on hearing the sound of pain and he got up and saw that Kamlesh and Harendra were in pains. He has said that he had seen 20-25 persons in baithka and out of them 3-4 persons came to him and assaulted with bhujali He has further stated that his father Sheonath uncle (Bara Babujee) Vishwanath Singh and Kamlesh Singh were dead and they had injuries on their person. He has also said that the criminals were assauking Harendra and he had identified Harendra Singh and Madan Ram among the assailants. He has also said that among the persons who had assaulted him one had turban on his head. He has also said that the criminals were assauking Harendra and he had identified Harendra Singh and Madan Ram among the assailants. He has also said that among the persons who had assaulted him one had turban on his head. He had identified one accused in the Court, during his evidence who had assaulted him and the accused had told his name as Bhim Ram. The fact that this witness had identified one accused in the trial Court, who had told his name as Bhim Ram clearly show that his evidence is true. Had he any ill will against accused Bhim Ram, he could have very well named him as an assailant, but he had identified, the accused who was present in Court by face as a person who had assaulted him and the accused had told his name as Bhim Ram. The fact that he had sustained injuries is supported by the evidence of Medical Officer (PW 4) who had examined him. According to PW 4 Dr. R.C. Pande this witness PW 11 Raghvendra Prasad Singh had grievous injury also. He has said in his cross-examination that the people of village had not come at the time of occurrence, but they had come later on after 2-3 minutes of the occurrence. Admittedly the occurrence had taken place at about 11O clock in the night in a village. At that time, it is not expected that the villagers would be moving in the village. The accused persons do not commit the crime with prior notice to the witnesses to solicit their presence at the time of occurrence. Therefore the prosecution case and the evidence of this witness cannot be disbelieved on the ground mat the people of village had not come at the time of occurrence and they had reached thereafter 2-3 minutes of the occurrence. These witnesses (PWs 11 and 13). have been cross- examined at length on behalf of the defence, but nothing has been elicited in their cross-examination to disbelieve their evidence. The medical evidence of the doctors PWs 3 and 4 supports the prosecution case and the evidence of PW 11 Raghvendra Prasad Singh and PW 13 Devendra Prasad Singh, the two injured witnesses. 16. DW 2 is Ashalata Sinha, Headmistress of Project High School Benaut. The medical evidence of the doctors PWs 3 and 4 supports the prosecution case and the evidence of PW 11 Raghvendra Prasad Singh and PW 13 Devendra Prasad Singh, the two injured witnesses. 16. DW 2 is Ashalata Sinha, Headmistress of Project High School Benaut. According to her deceased Harendra Singh was teacher in High School and Prabhunath Singh and accused Narendra Singh were also teacher there. She has stated that accused Narendra Singh had given an application against Harendra Singh and Prabhunath Singh. Further according to her an order was received from the department to stop the payment of their salary. 17. DW 1 is Dhanbihari Pandey, a teacher of Government Basic School, Chapra. He has stated that the Regional Education Deputy Director, Saran Division, Chapra had sent him to Gorakhpur University to enquire in the office of Registrar there about the certificate of Prabhunath Kumar Singh and Harendra Kumar Singh, teachers of Project Kanya Vidyalaya, Benaut. He has said that he had gone there and enquired about it and he was given a letter there from the office of the Registrar. The letter is Ext. A/1. According to Ext. A/1 both the certificates were fake and earlier also letter had been sent to the Director, Secondary Education, Patna, Bihar in this regard. It shows that the certificates of Harendra Singh and Prabhunath Singh were fake. If there is enmity it cuts both ways. In view of the above facts and circumstances of the case, it cannot be inferred from the evidence of DW 1 Dhanbihari Pandey and DW 2 Ashalata Sinha and Ext. A/1 that the accused persons have not committed the offences as alleged. 18. CW 1 (Courts witness) is Baijnath Singh. He has stated that he was Secretary of the Project Balika Uchcha Vidyalaya for three years from 1982 and thereafter the school was taken over by the Government. He has said that he is working as steno in the office of Regional Education Deputy Director. According to him, when he was Secretary of the School Harendra Singh, Prabhunath Singh and Narendra Prasad Singh were appointed teachers in that school and Narendra Prasad Singh had given an application that the training certificates of Harendra Singh and Prabhunath Singh were fake and it was enquired by the departmental officer. According to him, when he was Secretary of the School Harendra Singh, Prabhunath Singh and Narendra Prasad Singh were appointed teachers in that school and Narendra Prasad Singh had given an application that the training certificates of Harendra Singh and Prabhunath Singh were fake and it was enquired by the departmental officer. In view of the above facts and circumstances of the case and in view of the discussions made above, it cannot be inferred from the evidence of CW 1 Baijnath Singh that the accused persons have not committed the offences as alleged. 19. Above evidence adduced on behalf of the prosecution proves beyond all reasonable doubts that the accused-appellants have committed the offences as alleged. The order of conviction and sentence passed by the learned Additional Sessions Judge is maintained. There is no merit in these two criminal appeals. Both these appeals are accordingly dismissed. Appellant Bhim Ram is on bail. His bail is cancelled and he is directed to surrender in the Court of learned Additional Sessions Judge forthwith to serve but the remainder of his sentence. The learned Additional Sessions Judge will also take all necessary steps in this regard. Appellants Narendra Prasad Singh and Madan Ram are in Jail Custody. N.Pandey, J. 20 I agree.