JUDGMENT

R.N. Verma, J.—The appellants call in question the legality of the judgment of conviction dated 19.12.2006 and order of sentence dated 04.01.2007 passed by the 1st Additional Sessions Judge, Palamau at Daltonganj in Sessions Trial No. 209 of 2004, whereby and whereunder the three appellants have been convicted under Section 302 read with Section 120-B of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.Though the appellants have also been convicted under Section 148 of Indian Penal Code but no separate sentence has been awarded for the said offence.

2. The background facts, as projected by prosecution, in a nutshell, are as follows:-

At the instance of the injured-informant Bihari Singh, his Fardbeyan (Ext.2) was recorded by Sub-Inspector R.S. Tiwari, Officer-in-charge of Town P.S., District- Palamau on 24.10.2000 at 5:20 P.M. at Sadar Hospital, with the allegation that on 24.10.2001 at about 4.00 P.M., while he was sitting on a chair outside his shop situated in Private Bus Stand and his companion Ajay Singh was standing there, suddenly, Nagendra Choubey, Mukesh Choubey, Pradeep Vishwakarma, Shrawan Vishwakarma, Suraj Singh, nephew o