V.N.Sinha, J.

1. This appeal is directed against the judgment and order of conviction and sentence dated 21.12.2002, passed by Sri Shio Murat Ram, 5th Additional Sessions Judge, Samastipur in Sessions Trial No. 499 of 1990, whereunder five appellants have been convicted under Section 302/34 of the Indian Penal Code and have been sentenced to death and directed to be hanged by neck till they are dead.

2. The prosecution case, as set out in the fardbeyan (Ext. 3) recorded on 22.10.1989 at 6.30 A.M., is that on 21.10.1989 at about 8-9 P.M. deceased Jugeshwar Rai, uncle of the informant Bindeshwar Rai (P.W. 9), resident of village Kewata Tole Kagpur had gone to Jamuna Tad to arrange labourers for agriculture purposes. Before he could return, the informant Bindeshwar Rai (P.W. 9) learnt that his uncle was being assaulted by the appellants and one Ajablal Rai near the house of Saryug Das situate in the easters part of the Tola after tying him with black berry tree and bamboo clump with jute rope. Having come to know about the aforesaid information, the informant Bindeshwar Rai (P.W. 9) went towards the eastern end of the Tola alongwith Ramchandra Rai (not examined), Thakkar Rai (