JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is by Accused No.1 who alongwith two others faced trial before learned Sessions Judge. Present appellant was convicted under Section 302 read with Section 109 of the Indian Penal Code, 1860 (in short the ‘IPC’). Accused No.3-Bir Bahadur Singh was convicted under Section 302 IPC. Both A-1 and A-3 were sentenced to imprisonment for life. A-3 was additionally convicted under Section 324 IPC. The two appellants before the High Court were acquitted of the charge under Section 307 read with Section 149 IPC and Section 307 IPC respectively. The trial Court however held the third accused Hari Shankar Singh @ Timal Singh guilty in terms of Section 324 IPC. But taking into consideration the young age instead of sentencing him directed him to be released on bail on executing interim bail bonds of Rs.2,000/- or two sureties of like amount. Only A-1 and A-3 preferred an appeal before the high Court.

2. Prosecution version in a nutshell is as follows:

A case was registered in Taraiya Police Station in the district of Chapra on 22nd July, 1987 on the basis of fard beyan (Ext-3) recorded by S.I. Dashrath Singh of Marhawrah P.S on 21st Ju