S.B.Sinha, J.

1. The appellants who are six in numbers have preferred this appeal against the judgment of conviction and sentence, dated 9-9-1988 passed by Sri Krishna Nand Singh, Additional Judicial Commissioner, Ranchi in Sessions Trial No. 512/83, whereby and whereunder he convicted them for alleged commission of offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for life.

2. On 9-7-1983 at about 230 p.m. PW 13 Nizamuddin Mlrdaha gave a fardbayan before the Officer-in-charge of Lohardagga Police Station alleging therein that in the morning he had gone to village Kairo falling under Kulu Police Station for getting his clothes tailored and while he had been returning to his village at about 11am. near the Utka Kabristan he found Appellant No 1 Jamal Mirdaha, Appellant No. 3 Ajij Mirdaha, Appellant No. 2 Nasir Mirdaha, Appellant No 4 Kalam Mirdaha residents of village Banda P S. Mandar and Munafat Khan, Appellant No. 5 and Safique Khan Appellant No. 6 residents of village Kairo fleeing away armed with various weapons. He further stated that he found mud and blood on their clothes. When he proceeded ahe