ORDER

Ch. S.N. Mishra and A.K. Prasad, JJ. - This appeal at the behest of the appellants (Safauddin -Momin and Mehiruddin alias Bhotua Momin) is directed against the judgment and order dated 18-1-1996 in S.T. No. 333 of 1992 passed by Shri A.R Ram the then Addl. Sessions Judge at Seraikella whereby they have been convicted under Sections 302/34 of the Indian Penal Code, on the charge of committing the murder of Lakhi Kant Singh Munda in furtherance of their common intention and they have been sentenced to undergo imprisonment for life.

It may be mentioned that coaccused (Kamaluddin Momin), who was being tried alongwith the convicted appellants absconded in the midst of the trial and his case was separated.

2. Briefly put the prosecution case is as under:

On 26-12-1991, Arjun Singh Munda and his brother (Lakhi Kant Singh Munda), the deceased. had been to Tiruldih hat, which is at a distance of about 2 kms. from their village home Chourah (Munda tola), within Ichagarh police station to sell tomatoes and milk. After selling milk and tomatoes they were returning together from Tiruldih Bazar and near Kudha village may separated for a while and Lakhi Kant Singh Munda moved ahead, followe