B.N.SINHA, J.

1. These three appellants who are full brothers were tried by the 4th Additional Sessions Judge, Gaya in Sessions trial No.35/88, 559/86 in respect of murder of Surji Devi allegedly committed on 11th of March. 1986 in village Akhanpur, P.S. Tekari, District-Gaya and they have been convicted under S. 302 read with 34 I.P.C. and sentenced to undergo rigorous imprisonment for life.

2. The case of the prosecution as presented before the Court through witnesses may be briefly stated. On 11-3-1986 Mungeshwari Devi (since dead) along with her daughter Surji Devi (the deceased) had gone to her land in Bagicha Baghar for harvesting Masuri crop. At about 5.30 p.m. Surji Devi began to make bundles of the harvested Masuri crop. At that very time these three accused suddenly came there from north direction. Accused Shayam Nandan Singh was armed with a Pasuli and he asked Surji Devi not to remove the bundles of Masuri crop and they caught hold of the Masuri bundles. Thereafter they felled down Surji Devi the deceased on the ground and tried to rape her. Surji Devi - the deceased raised alarm. But accused Brijnandan Singh and Jainandan Singh caught hold of her arms and accus