Someshwar Nath Pathak, J.

1. All the abovenamed appellants were convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. They Were further convicted under Section 307/34, IPC and sentenced to undergo rigorous imprisonment for three years. The sentences were directed to run concurrently.

2. The case of the prosecution, as unfolded infardbeyan, is that on 25.5.1990 at about 9 p.m., the informant was at her house alongwith her husband, Sani Oraon (deceased), when suddenly accused-appellant, Suka Oraon, came there and asked for tobacco from her husband, Sani Oraon. Thereafter Suka Oraon announced that he will build a house on the land of maternal uncle. Then the informant told the accused that house will be built by the person who had purchased the land, whereupon Suka Oraon fisted and kicked the informant. When the informants husband intervened, Suka Oraon called out his brother, who came there. Budu Oraon came there wielding "sabal" in his hand and Bandhu Oraon accompanied his brother, Budu Oraon, armed with lathi. Budu Oraon hurled three "sabal" blows on the head of the informants husband which made the victim fall on t