JUDGMENT

Y.K. Sabharwal, J.-The murder of deceased Ramanand Mahto was committed in a ghastly manner. The head of the deceased was severed from the trunk. 13 persons were charged for the offence including the appellants who were six in number. One out of 13 - Shyam Narain Mahto @ Nanhki Mahto was acquitted by the Sessions Court. Three of them-Rishi Mahto, Asmani Mahto and Anand Lal Mahto were acquitted by the High Court.

2. The special leave petitions filed by three of the accused - Lachhu Gaderi, Ramchandra Gaderi and Subhash Mahto challenging the judgment of the High Court confirming that of the Sessions Court were dismissed and, thus their conviction and sentence has been finally maintained.

3. The prosecution case, in brief, is that the deceased was riding a scooter and Ram Briksha Mahto (PW-2) and informant Suresh Kumar (PW-5) were sitting on the back of the scooter. Suresh Kumar was returning home after purchasing medicines when on the way deceased, who were riding a scooter on which Ram Briksha Mahto was sitting at the back, saw him and stopped the scooter and gave lift to him. The time was between 10.30 p.m. to 10.45 p.m. When they reached in front of tea stall of Lalan Mahto s