Judgment

P.P. Naolekar, J.—Leave granted in S.L.P. (Crl.) No. 2218 of 2005

The accused appellants were convicted and sentenced by the Additional Judicial Commissioner. The appellants Rabindra Mahto, Balram Mahto and Lemboo Mahto were found guilty under Section 302 IPC and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default to further undergo rigorous imprisonment for two years. The appellants Jag Mohan Mahto, Fagu Mahto, Dhananjay Mahto, Huna Mahto and Girish Mahto were found guilty under Section 302 read with Section 149 I.P.C. and were accordingly convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500/- and in default to further undergo rigorous imprisonment for one month. Further appellants Jag Mohan Mahto and Lemboo were found guilty under Section 323 IPC and were convicted and sentenced to undergo rigorous imprisonment for five months. All the sentences were directed to run concurrently. The appeal preferred by the accused-appellants was dismissed by the High Court, aggrieved by the same, the present proceedings were taken up by the appellants.

2. The prosecution case, as narrated by the