informant received injury in course of try to save his brother and he was assaulted by Anandi through Bijar. At the time of occurrence, Prakash Paswan (PW 1), Niwas Paswan (PW 5) and others were present and they were intervening and trying to settle the dispute. The fard-beyan resulted into formal FIR (Ext. 4) Banka Barahat P.S. Case No. 292 dated 25.6.1986 under sections 302/34 of the Indian Penal Code. The fard-beyan was received in the Court of learned C.J.M., Bhagalpur on 27.6.1986. Investigation commenced, place of occurrence was examined, inquest report of the dead body (Ext. 5) was prepared, some seizures of traditional weapons having blood stains were made, injury reports (Ext. 2 and 6) were procured, post mortem examination report (Ext. 1) was also obtained. The Police after investigation found the occurrence to be true and submitted chargesheet. The offence was triable by the court of Sessions, so after supply of police papers the case was committed to the court of sessions where charge under section 148 IPC was explained against Sardari Paswan, Shankar Paswan, Anandi Paswan and Bhairo Paswan. Charge under section 302 read with section 149 of the Indian Penal Code was explained to Sardari Paswan, Shankar Paswan, Anandi Paswan, Bhairo Paswan and Ashok Paswan. Ashok was further charged under section 147 of the Indian Penal Code, whereas, Sardari Paswan and Anandi Paswan were further charged under section 323 of the Indian Penal Code. Record of Bhairo Paswan and Ashok Paswan was split up on 17.5.1990. After the accused persons pleaded their innocence, the trial proceeded.
