JUDGMENT : 1. As the learned counsel for the appellant failed to appear on account thereof, Mr. Baban Roy, learned advocate has been requested to assist the court as an Amicus Curiae. 2. Appellants, Ram Bilash Yadav, Ram Biash Yadav have been found guilty for an offence punishable under Sections 307/34 IPC and each one has been sentenced to undergo R.I. for five years as well as to pay fine appertaining to Rs.2000/- and in default thereof, to undergo S.I. for three months additionally, under Section 324/34 IPC and sentenced to undergo R.I. for three years, under Section 325/34 IPC and sentenced to undergo R.I. for three years as well as to pay fine appertaining to Rs.1000/- and in default thereof, to undergo S.I. for two months additionally, under Section 341 IPC and sentenced to undergo S.I. for one month, under Section 323 IPC and sentenced to undergo S.I. for six months, under Section 504 IPC and sentenced to undergo S.I. for six months with a further direction to run the sentences concurrently vide judgment of conviction and sentence dated 27.07.2015 and order of sentence dated 29.07.2015 passed by Additional Sessions Judge, IVth, Katihar in Sessions Trial No.65/2012. 3. PW.10, Ashwani Kumar Chaudhary gave his fardbeyan on 30.09.2007 at about 12:30 hours at Manihari Police Station where he along with his injured brother Ashok Choudhary, cousin brother Kameshwar Prasad were being treated disclosing therein that today about 11:30 AM he had gone to his field lying at village-Kyari Bahiyar to put fertilizer and during course thereof, his co-villager Pannu Mandal met and inquired how his crops are thriving during midst thereof, Tileshwar Yadav, Ram Bilash Yadav @ Bilwa Yadav, Mithilesh Yadav, Mukesh Yadav, Sanjay Yadav armed variously came, out of whom Tileshwar Yadav ordered to kill whereupon Ram Bilash Yadav @ Bilwa Yadav, Mithilesh Yadav, Mukesh Yadav, and Sanjay Yadav began to assault with lathi over his both legs, hand, back. Tileshwar Yadav with an intention to kill, gave farsa blow over his head as a result of which he became badly injured. Pannu Mandal has witnessed the occurrence. Then thereafter, the accused persons came at his house and had assaulted his own brother Ashok, cousin brother Kameshwar Prasad Chaudhary. Accused Tileshwar Yadav took away rupees four thousand belonging to his father. Arun Mandal, Brahamdeo Mandal along with others have seen the occurrence. 4. Pannu Mandal has witnessed the occurrence. Then thereafter, the accused persons came at his house and had assaulted his own brother Ashok, cousin brother Kameshwar Prasad Chaudhary. Accused Tileshwar Yadav took away rupees four thousand belonging to his father. Arun Mandal, Brahamdeo Mandal along with others have seen the occurrence. 4. On the basis of the aforesaid fardbeyan, Manihari P.S. Case No.116/2007 was registered followed with an investigation as well as submission of charge sheet facilitating the trial meeting with the ultimate result, subject matter of instant appeal. 5. Defence case as is evident from mode of cross-examination as well as statement recorded under Section 313 of the Cr.P.C is of complete denial. However, neither ocular nor documentary evidence has been adduced on their behalf. 6. In order to substantiate its case prosecution had examined altogether twelve PWs who are PW.1-Bishundeo Singh, PW.2-Bisheshwar Mandal, PW.3-Mahesh Singh, PW.4-Chhotu Mandal, PW.5-Ashok Chaudhary, PW.6-Deo Narayan Chaudhary, PW.7-Arun Mandal, PW.8-Kameshwar Prasad Chaudhary, PW.9- Pannu Mandal, PW.10-Ashwani Kumar Chaudhary, PW.11-Dr. Mahabuddin Ahmad, PW.12-Akshwat Nath Mishra. Side by side had also exhibited Ext.1 Series-Injury report of respective injured, Ext.2-Fardbeyan, Ext.3 Series-Requisition issued by the police. As stated above, defence had not led oral or documentary evidence. 7. It has been submitted by the learned Amicus Curiae that prosecution has not been able to substantiate its case in the background of flaw persisting in the prosecution case. In order to explore the same, it has been submitted that right from inception of this case two place of occurrence has been shown by the prosecution. The first one happens to be at the field where informant, PW.10 was assaulted. The second one happens to be at the house where allegedly Ashok Chaudhary, PW.5 and Kameshwar Prasad Chaudhary, PW.8 were assaulted and then, it has been developed during course of trial regarding assault over person of Deo Narayan Chaudhary, PW.6. When the evidence is minutely gone through, it is apparent that there happens to be inconsistency and further, as that goes to root of the prosecution case, whereupon make the evidences of the witnesses irrespective of their status, unreliable. The prosecution might have sustained injuries in different manner at different place but, on account of group rivalry they have been falsely implicated. 8. The prosecution might have sustained injuries in different manner at different place but, on account of group rivalry they have been falsely implicated. 8. It has also been submitted that in absence of cogent, reliable evidence neither the appellant nor the other co-convict who have been let off due admonition giving the benefit of the Section 3 of the Probation of Offenders Act, would have been convicted in the background of the fact that during course of objective finding regarding the place of occurrence, the I.O. had not substantiated the case of the prosecution. In the aforesaid facts and circumstances of the case, and further, taking into account the inconsistent version of the prosecution which, from cursory perusal speaks about different kind of narration relating to the occurrence as alleged, make the same unreliable and so, the cumulative effect did not justify recording of guilt made by the learned lower court. Hence, the same is fit to be set aside. 9. On the other hand, the learned Additional Public Prosecutor while refuting the submission having at the end of the learned Amicus Curiae has submitted that learned lower court had minutely gone through the evidences and properly identified activity of the respective accused and in likewise manner, they have been convicted and sentenced. Accordingly, the judgment impugned did not attract interference. Furthermore, it has also been submitted that during course of appreciation of evidence of PW, his mental equilibrium, society from which they belong, his status economically, socially, literacy including others being relevant factors were taken into consideration. From the status of the witnesses, it is apparent that they came from lower strata of the society, being illiterate and on account thereof, some sort of variance in their evidence happens to be natural one. Furthermore, it has also been submitted that the duty of the court is to separate the grain from chaff, that means to say to separate the truth from the falsehood and during course of exercising of such event, if the evidence of the witnesses are found reliable, then in that circumstance, conviction is to be upheld. The judgment impugned suggests that the learned lower court has laboured a lot while coming to the conclusion and so, it is fit to be confirmed. 10. Doctor Mahabuddin Ahmad, PW.11 had examined the respective injured on 30.09.2007. The judgment impugned suggests that the learned lower court has laboured a lot while coming to the conclusion and so, it is fit to be confirmed. 10. Doctor Mahabuddin Ahmad, PW.11 had examined the respective injured on 30.09.2007. (a) Deo Narayan Chaudhary at about 01:40 PM and found the following:- (i) Bruise right forearm. (ii) Bruise throat. (iii) Bruise right buttock. All the injuries simple in nature caused by hard and blunt substance. (b) Ashwani Chauadhary (there happens to be overwriting over time). (i) Bruise both legs. (ii) Bruise back caused by hard and blunt substance. (iii) Then had narrated that X-ray of skull shows fracture of left temporal bone, injury left side of scalp parietal region, sharp weapon and so, injury no.3 has been identified to be grievous in nature. (c) Ashok Chaudhary at 01:40 PM and found the following: (i) X-ray clavical shows compound fracture of right shoulder, right pelvical and cromeclamicude fictions of right shoulder caused by hard and blunt substance, grievous in nature. (d) Kameshwar Chaudhary at 01:35 PM and found the following: (i) X-ray left lower forth of forearm bones shows communicative fracture lower forth of left radius. (ii) X-ray right hand shows compound fracture forth metacarpal bone caused by hard and blunt substance, grievous in nature. So, the injuries have been found over the person of the respective injured and further, during course of cross-examination, it is evident that nothing has been found to discredit his testimony. However, whatever been found in the injury report relating to Ashwani Chaudhary, though has not been cross examined, from perusal of the original injury report (Ext.1/1), it is evident that so alleged injury no.3 has been inserted in between gaps and to that extent, the activity of the doctor is to be perceived in the background of ocular evidence. 11. PW.10 is the informant. During course of his evidence he had stated that on the alleged date and time of occurrence while he was returning from his field lying at Kyari Bahiyar after putting fertilizer met with Pannu Mandal who indulged in gossiping and during midst thereof, Tileshwar Yadav came and began to abuse which was resisted by him. There was an altercation and during course thereof, gave fist blow over his nose causing bleeding. He sat down. Even then, he was assaulted by fist and slap. There was an altercation and during course thereof, gave fist blow over his nose causing bleeding. He sat down. Even then, he was assaulted by fist and slap. Pannu Mandal and Chhotu Mandal intervened and then anyhow succeeded in removing Tileshwar Yadav therefrom. About ten minutes thereafter he proceeded towards his house and during midst thereof, when he reached near orchard belonging to one Thakur Mandal, he saw Tileshwar Yadav armed with farsa, Rambilash with khanti, Mukesh Yadav, Mithilesh, Sanjay with lathi who encircled him and then, thereafter Mukesh and Mithilesh began to assault him indiscriminately by lathi. He ran therefrom towards his house followed by the accused persons. When he reached at his Darwaja, Tileshwar Yadav gave farsa blow over his head causing injury thereon. When his father rushed in rescue who was assaulted by Sanjay Mandal with lathi. His elder brother Ashok Chaudhary came in rescue he was also assaulted by Sanjay Mandal. His cousin brother Kameshwar came in rescue who was assaulted by khanti by Ram Bilash Yadav. Villagers took them to police station and then to Manihari Hospital and then to Sadar Hospital, Katihar. Police came and had recorded his fardbeyan. Identified the accused. At para-5, he had stated that firstly Tileshwar Yadav came at the place where Pannu made query from him. Furthermore, disclosed boundary of the same as South- Thakurbari, North-Pannu Mandal, East & West-Road. He had further stated that he is unable to say how much time he was assaulted but, he fell down after sustaining the farsa blow. Then had disclosed the boundary of the orchard North-Orchard of Thakur Mandal, South-Narad, East & West-Road. The boundary of the third P.O., his house is North-his house, South-Kishan Mandal, East-Gobardhan, West-Ganga Singh. Then had stated at para-5 that he had not became unconscious after sustaining injury. Blood had fallen over his cloth as well as ground. He firstly reached at the Police Station wherefrom was taken to hospital where injuries were stitched. Then had denied the suggestion that it is false to say that he along with Kameshwar have fought over land dispute and in the background of village politics, this case has been instituted. 12. The second injured happens to be Ashok Chaudhary, PW.5. He had deposed that on the alleged date and time of occurrence he was at his Darwaja. Then had denied the suggestion that it is false to say that he along with Kameshwar have fought over land dispute and in the background of village politics, this case has been instituted. 12. The second injured happens to be Ashok Chaudhary, PW.5. He had deposed that on the alleged date and time of occurrence he was at his Darwaja. His brother Ahwini Chaudhary @ Awadhesh Chaudhary came from eastern side shouting ‘Bachao- Bachao’ followed by 5-7 persons who were assaulting him. He identified them as Tileshwar Yadav, Mithilesh Yadav, Ram Bilash Yadav @ Bilwa Yadav, Mukesh Yadav, Sanjay Yadav. When his brother arrived at Darwaja, Sanjay Yadav, Mithilesh Yadav, Mukesh Yadav began to assault him indiscriminately and during midst thereof, Tileshwar Yadav gave farsa blow over his head causing injury thereupon. Blood had oozen out. He raised an alarm in order to save his brother whereupon his cousin brother Kameshwar Prasad Chaudhary came who was assaulted by Bilash Yadav with khanti. He rushed in rescue and was assaulted by Sanjay with lathi over his head. He tried to prevent the same as a result of which sustained injury over his shoulder, right side, causing fracture. Then thereafter, Tileshwar Yadav intruded inside a room and took away money from a shirt. On hue and cry, villagers began to assemble, seeing whom accused persons escaped therefrom. Then thereafter, they were taken to Police Station, then to hospital, then to Sadar Hospital, Katihar. He had made statement before the police. Identified the accused. During cross-examination at para-4 he had stated that at that very time he was at Darwaja while his brother was coming running being chased. At that very moment, he raised alarm but none came from his house. After sustaining injury at the end of Tileshwar Manjhi with farsa, his brother fell down over the earth. He had not become unconscious. He became in pool of blood. He was assaulted by lathi. Sustained two blows. His father had tried to save them. Bishundeo, Mahesh, Rajeshwar have came in rescue event then, the accused persons continued in assaulting. Then had shown boundary of his Darwaja. North-Nij, South-road, East-Ganga Sah, West-Mahadeo. He had not become unconscious. He became in pool of blood. He was assaulted by lathi. Sustained two blows. His father had tried to save them. Bishundeo, Mahesh, Rajeshwar have came in rescue event then, the accused persons continued in assaulting. Then had shown boundary of his Darwaja. North-Nij, South-road, East-Ganga Sah, West-Mahadeo. In para-5, he denied the suggestion that he had not stated before the police that on account of hurling of lathi blow by Sanjay he tried to prevent and during course thereof, sustained injury over his right shoulder causing fracture and Tileshwar intruded inside the room and took away money. In para-6, he had stated that police had seized bloodstain cloth. Blood had not fallen over the ground. Then had denied the suggestion that they have got enmity with their cousin brother and during course of scuffle with him, they have sustained injury. 13. PW.8 is the another injured, Kameshwar Prasad Chaudhary who had stated that on the alleged date and time of occurrence, he was at his Darwaja. At that very time Ahwini Chaudhary @ Awadhesh Chaudhary was coming from eastern side followed by Tileshwar, Ram Bilash Yadav @ Bilwa Yadav, Mithilesh Yadav, Sanjay Yadav, Mukesh Yadav. They were assaulting his brother with lathi and danda. When Ahwini Chaudhary came over his Darwaja shouted to save him whereupon he rushed, during midst thereof, Tileshwar gave farsa blow over his head causing injury thereupon, when he intervened, he was assaulted by Ram Bilash Yadav @ Bilwa Yadav with khanti as a result of which, his both hands fractured. Then thereafter, others also came seeing whom, the accused persons began to flee and during course thereof, Tileshwar taken out money from the pocket of a shirt of Deo Narayan Chaudhary. All the injured were taken to Manihari Police Station wherefrom Manihari Hospital and then to Sadar Hospital, Katihar. Police had recorded his statement. Identified the accused. During cross-examination at para-4, he had stated that Awadhesh was being chased by five accused persons. Further disclosed boundary of the Darwaja as North-they themselves, South-road, East-Ganga, West-Kalu. His both hands became fractured on account of assault. In para-5, he had stated that he is unable to say how many currency notes were taken out. Brahamdeo, Vishnu, Mahesh along with others came who had witnessed the occurrence. He had conversation with them with regard to the occurrence. His both hands became fractured on account of assault. In para-5, he had stated that he is unable to say how many currency notes were taken out. Brahamdeo, Vishnu, Mahesh along with others came who had witnessed the occurrence. He had conversation with them with regard to the occurrence. First of all he reached followed by Arun, Brahamdeo, Mahesh, Vishnu. In para-6, he had stated that Ashwini happens to be his brother. Then at para-7, he had stated that he was not knowing whether Baskit Parcha has been issued in favour of Tileshwar or not. Then had denied the suggestion that they themselves fought and on account of village politics, got the appellants involved having false and frivolous allegation. 14. PW.6 who happens to be father of informant as well as PW.5, Ashok Chaudhary had also been shown as one of the injured had deposed that on the alleged date and time of occurrence while he was sitting at his Darwaja, saw Tileshwar, Mukesh, Mithilesh, Sanjay, Vilash indulged in chasing as well as assaulting his son Awadhesh who had gone to put fertilizer in the field. His son, after coming over Darwaja, fell down. Then thereafter, Tileshwar gave farsa blow over his head causing injury thereupon. Blood had oozen out. His another son was assaulted by lathi by Sanjay. His nephew Kameshwar was assaulted with khanti by Vikash. Awadhesh, Kameshwar, Ashok became unconscious. Tileshwar took away Rs.4000/- from his pocket. Then all the injured were lifted to police station then to Manihari Hospital wherefrom, Sadar Hospital, Katihar. Identified the accused. He had made statement before the police. During cross-examination he had stated that at the time of his son being chased by accused persons, none other was present. Awadhesh regained sense after 10-12 hours. Ashok regained sense after an hour. Kameshwar regained sense after 5-6 hours. Then had shown the boundary of the P.O. North-he himself, South-Mantu, East-Gopi, West- Kameshwar. Occurrence took place for about an hour. Brahamdeo, Mahesh, Vishnu, Bindeshwar along with others came. Then had stated that police had taken away the blood stain soil. Then had denied the suggestion that on account of land dispute accused persons have falsely been implicated. 15. PW.1 is Bishundeo Singh who had deposed that on the alleged date and time of occurrence he was at his field which lies adjacent to the field of Awadhesh Chaudhary. Then had stated that police had taken away the blood stain soil. Then had denied the suggestion that on account of land dispute accused persons have falsely been implicated. 15. PW.1 is Bishundeo Singh who had deposed that on the alleged date and time of occurrence he was at his field which lies adjacent to the field of Awadhesh Chaudhary. At that very time Tileshwar Yadav armed with farsa assaulted Awadhesh Chadhary over his head as a result of which, he sustained injury. Blood had oozen out. Awadhesh ran therefrom in order to save his life chased by Tileshwar, Vilash Yadav, Mukesh, Mithilesh, Sanjay who assaulted Awadhesh after making house trespass with lathi causing injury over his person. Kameshwar was assaulted by Bilash with khanti as a result of which he sustained fracture of his hand. Accused persons taken away money from the pocket of Deo Narayan. He also gone along with injured to Police Station identified the accused. During cross-examination at para-4, he had shown the boundary of the first P.O. North-land of Thakurbari, South-Pannu Mandal, East-Deo Narayan Mandal, West-Chhotu Mandal. Then had stated that he was standing fifty yards away from the place where marpit was going on. About 50-100 people assembled. Then thereafter he came to know regarding occurrence and had seen Awadhesh lying. He had talked with Deo Narayan, Kameshwar. Then had shown boundary of the house of the Awadhesh North-Baldeo, South-Yogendra, East-Jyoti, West- Kameshwar. In para-5 he had stated that police had seen the both the P.O. Then had denied the suggestion that being henchmen of prosecution, he deposed falsely. 16. PW.2 is Bisheshwar Mandal who had deposed that on the alleged date and time of occurrence while he was at his flour mill he had seen marpit being fought in between. Accused Balkeshwar Yadav and Ashwini Chaudhary with lathi farsa. Balkeshwar gave farsa blow over head of Ashwini as a result of which he sustained injury. Blood oozen out. Bilash had also assaulted. Then he stated that names of other are not being remembered by him at the present moment. After marpit Ashwini and Kameshwar gone to police station along with Deo Narayan. They were assaulted by Bilash. Claimed identification of the accused. In para-3 he had stated that after closing the mill he had gone to the place occurrence where near about 200 people assembled. He had seen Ashwini lying. After marpit Ashwini and Kameshwar gone to police station along with Deo Narayan. They were assaulted by Bilash. Claimed identification of the accused. In para-3 he had stated that after closing the mill he had gone to the place occurrence where near about 200 people assembled. He had seen Ashwini lying. He had seen nothing more than that. He remained for half an hour. At para-4, he had shown the boundary of the P.O. North-Ashwini, South-road, East-his mill, West-Gowardhan. Then had denied the suggestion. PW.3 had stated that on the alleged date and time of occurrence while he was going to his field he had seen Tileshwar, Bilash, Mukesh, Sanjay, Mithilesh chasing Ashwini and were also involved in assaulting him. When Ashwinie came at his house, at that very place, Tileshwar had struck him with farsa over his head causing injury thereupon. Blood had oozen out. Kameshwar came who was assaulted by Bilash with rod causing fracture. Ashok was assaulted by Mukesh with lathi as a result of which, he sustained fracture. Tileshwar took out cash from the pocket of Deo Narayan. Identified. In para-3, he had stated that P.O. happens to be the house of Ashwini and had shown boundary, North-his house (Ashwini), South-Road, East-Yogendra, West-Kameshwar. About 50 persons assembled there. He had not tried to intervene out of fear. In para-4, he had stated that Ashwini was being chased by the accused persons and during course thereof, he was also assaulted. When he reached at the place of Ashwini Chaudhary, he had already gone followed by Kameshwar. Police had taken away blood stain soil. 17. PW.4, PW.9 have deposed over first occurrence allegedly committed near the house of Pannu (PW.9) stating that Tileshwar and Awadhesh indulged in an altercation followed with grappling as well as hurling of fist and slap whereupon, both intervened, separated and then, instructed both of them to go to their house. These two witnesses are not over second as well as third P.O. 18. PW.7 had deposed that on the alleged date and time of occurrence while he was on road he saw Awadhesh coming running, shouting ‘Bachao-Bachao’ followed by Sanjay, Mukesh, Mithilesh, Tileshwar, Ram Bilash who were engaged in assaulting him with lathi. They came at the house of Awadhesh where, Tileshwar gave farsa blow causing injury over his head. PW.7 had deposed that on the alleged date and time of occurrence while he was on road he saw Awadhesh coming running, shouting ‘Bachao-Bachao’ followed by Sanjay, Mukesh, Mithilesh, Tileshwar, Ram Bilash who were engaged in assaulting him with lathi. They came at the house of Awadhesh where, Tileshwar gave farsa blow causing injury over his head. Kameshwar came in rescue who was assaulted by Ram Bilash Yadav causing injury over both his hand. Ashok came in rescue who was assaulted by Sanjay and Mukesh. After departure of the accused persons, he along with others took the injured to Police Station and then to hospital. Identified the accused. During course of cross-examination at para-4, he had stated that as per village relationship, informant happens to be his brother. When he saw, Awadhesh, he was coming running being chased by the accused persons. They chased up to Darwaja of the informant. First of all Bisheshwar Mandal and then Vishnu and then others came. Then had shown boundary of the P.O. He had also stated that the police had recorded his statement. In para-5, he had denied that Awadhesh had encroached upon the land. There happens to be no dispute amongst them. Then had denied that on account of animosity, this case has been filed. 19. PW.12 is the Investigating Officer. He had stated that he had recorded fardbeyan of Ashwini Chaudhary on the basis of which Manihari P.S. Case No.116/2007 was registered. Took up investigation. (Exhibited all the relevant documents). He had issued injury report relating to respective injured. He had visited the place of occurrence. The first one happens to be the village road in front of house of Pannu Mandal. The second one happens to be house of the informant. Recorded statement of the witnesses. Procured injury report and then, after concluding investigation submitted charge sheet. In para-9 of his cross-examination he had stated that he had recorded statement of the injured on the same day. At para-10, he had stated that after registration of the case, he proceeded to record statement of the witnesses. In para-11, he had stated that on the same day at about 02:00 PM he reached at the place of occurrence. He had gone over tempo but he had not mentioned the same in the case diary. At para-10, he had stated that after registration of the case, he proceeded to record statement of the witnesses. In para-11, he had stated that on the same day at about 02:00 PM he reached at the place of occurrence. He had gone over tempo but he had not mentioned the same in the case diary. At para-12, he had stated that he had seen first place of occurrence to be road in front of house of Pannu Mandal. None other was present than Pannu Mandal as is evident from his statement. He had not recorded statement of person of the boundary of the second place. Then had stated in para-13 that he had recorded statement of so many persons namely Arun Mandal, Mahadev, Bisheshwar, Bishundeo and others on 30.09.2007 itself. Then had denied the suggestion that his investigation is not at all impartial. 20. From the evidence available on the record, it is apparent that there happens to be absence at the end of the prosecution over assault relating to PW.6, Deo Nandan though, as per evidence of doctor, PW.11 he had found simple injury over the person of Deo Narayan, caused by hard and blunt substance. With regard to commission of an occurrence at the house of informant, although the objective finding of the P.O. as recorded by PW.12, Investigating Officer is not found supportive one for want of presence of blood regarding which the witnesses had stated that from the injury having over head of informant, PW.10, having been inflicted by the appellant, Tileshwar, fallen over ground. But, from the evidence of PW.10, informant along with other two injured PW.5, Ashok Chaudhary and PW.8, Kameshwar Prasad Chaudhary, it is apparent that they are consistent over the assault having at their Darwaja. The most devastating fact as is evident, none of the injured witness has been cross-examined over the manner of occurrence as well as with regard to injuries having over their person which they sustained during course of commission of the occurrence. That being so, the injuries over person of respective injured which they alleged to have sustained at the end of the accused persons during course of an occurrence having committed at their house is found duly substantiated. So far first part of occurrence is concerned PW.4 as well as PW.9 had also substantiated the same. 21. That being so, the injuries over person of respective injured which they alleged to have sustained at the end of the accused persons during course of an occurrence having committed at their house is found duly substantiated. So far first part of occurrence is concerned PW.4 as well as PW.9 had also substantiated the same. 21. Now coming to the finding recorded by the learned lower court with regard to Section 307/34 of the IPC, certainly from the evidence available on the record is found that the same not at all attracted in the background of the fact that in spite of having absence of intervening circumstance, no repetition of farsa blow was ever given and that being so, to that extent the judgment impugned is being interfered with, confirming the finding relating to other sections along with respective sentence and with the aforesaid modification, the appeal is found merit less and is accordingly dismissed. Appellants are on bail hence their bail bonds are cancelled with a direction to surrender before the learned lower court within fortnight to serve out remaining part of sentence, failing which, the learned lower court will be at liberty to proceed against the appellant in accordance with law. First and last page of judgment be handed over to the learned amicus curiae for the needful.