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 ahead, one Tetra Mirdaha, PW 5 came running and informed him that his father had been killed by the appellants which he came to learn from Pirthvi Mirdaha who had seen the assault. Upon hearing the said news, he came running to his village where he found the dead body of his father which had several injury marks on the body and the throat had also been cut. He further found blood on all sides of the dead body as also on the dead body itself. At the place of occurrence, various persons had been standing including Pirthvi Mirdaha (not examined) Doman Mirdaha, PW 4, Shahjahan Khan PW 9 and Tafazool Mirdaha PW 7 of his village. He further came to learn from the aforementioned persons that they had seen the appellants fleeing away after killing his father Noor Mohammad. The motive assigned for the aforementioned crime was that the deceased had purchased 1 acre of land from Aghnu Mahto, but the appellants bad also been claiming ownership therein and told them not to sow paddy therein.

3. The prosecution in support of its case examined 15 witnesses. PW 1 is one Pandey Bholanath Ray, who was Mukhiya of the village. He is a formal witness. PW 2 is Sutan Devi. She allegedly saw three persons fleeing away. PW 3 Inder Sao is a formal witness. He proved the inquest report. PW 4 Doman Mirdaha is an eye-witness. PW 5 Tetar Mirdaha is said to be a hearsay witness. PW 6 Rustam Mirdaha is also said to be a hearsay witness. PW 7 Tafazool Mirdaha is an eye-witness. PW 8 Aghnu Oraon was tendered, but in cross-examination, he did not support the prosecution case. PW 9 Shahjahan Khan is also an eye-witness. PW 10 Siddique Khan is said to be a hearsay witness. PW 11 Noor Hasan and PW 12 Zeenat Mirdaha were tendered. PW 13 Nizamuddin Mirdaha is the informant and seen all the appellants fleeing away. PW 14 Dr. Mrs. Shakuntala Lal, who held autopsy on the dead body of the aforementioned Noor Mohammad on 10-7-1983 at 10.30 a.m.

4. The post-mortem report proved by her has been marked as Ext. 2. PW 15 is Bishwanath Dubey, ASI, who proved the inquest report, seizure list and the first information report.

5. In this case, two witnesses were examined also on behalf of the defence. DW 1 is Asimuddin Mirdaha and DW 2 Mangara Mahli, who is said to be the Chowkidar of the village. These defence witnesses purported to have stated that at the relevant time some of the prosecution witnesses were with them and they heard about the occurrence later on.

6. The learned court below, on the basis of the evidences brought on record found the appellants guilty of the offence under Section 302/34 of the Indian Penal Code for causing death of Noor Mohammad, as indicated hereinbefore and sentenced them to undergo rigorous imprisonment for life.

7. Mr. P. S. Dayal, the learned counsel appearing on behalf