JUDGMENT:

ARIJIT PASAYAT, J. - Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Jharkhand High Court dismissing the appeal filed by the appellant. Three appeals were filed by ten accused persons. In all there were 11 accused persons who were convicted. Appellants Latu Mahto and Nanu Chand Mahto along with one Khiru Mahto had filed Criminal Appeal No.384 of 2000 (R). Five others had filed Criminal Appeal No. 362 of 2000 (R).They were convicted for offences punishable under Section 302 read with Section 149 of the Indian Penal Code, 1860 (in short the `IPC). Two others had filed Criminal Appeal No. 411 of 2000(R) and they were found guilty of offence punishable under Section 302/34 and 302/149 IPC.

3. Prosecution version as unfolded during trial is as follows:

Informant Phulchand Mahto was planting sweet potato alongwith Buddhu Mahto (hereinafter referred to as `deceased) in the morning of 17.7.1987 in the field situated near their house in village Taranari, Tola-Beharatand, when appellants Kartik Mahto, Sukar Mahto and Bhim Mahto came there with bullock to plough and tried to plough the field belonging to them. This was protested to and they were