P.K.Sarkar, J.

1. The appellants have filed this appeal against the judgment and order dated 22-12-1988 passed by Sri Chiranji Singh, IVth Additional Judicial Commissioner, Ranch!, in S.T. No. 211 of 1981 whereby he convicted all the three accused-appellants under Secs. 302/34 of the Indian Penal Code and sentenced each of hem to undergo R.I. for life.

2. Initially, the F.I.R. was instituted against five persons. However, during the trial, Niklo Oraon and Magho Oraon died, hence the case against them abated and only the present three appellants faced the entire trial.

3. Prosecution case, in brief, is that: in the year 1980, Jharia Bhagat (since deceased) had grown chillies (Mircha) plants in his field in village Bajara, In the morning of 28-9-1980. Jharia Bhagat along with his son Etwa Oraon and daughter Somari had gone to pluck chilli in his aforesaid field. While Jharia Bhagat was plucking chilli from his field, accused Malar Oraon, Parto Oraon and Chumanu Oraon, along with two others, namely, Magho Oraon and Niklo Oraon (who died during the pendency of the trial) came there armed with lathis. All the aforesaid hereon assaulted Jharia Bhagat with lathi. Seeing her father