AKHILESH CHANDRA, J.

1. This appeal has been preferred against order dated 12.05.1989 passed by learned Sessions Judge, Begusarai, in Sessions Trial No. 171 of 1984 arising out of Bhagwanpur P.S. Case No. 72 of 1982. Wherein appellant no.1 has been held guilty for the offence under Section 302 of the Indian Penal Code, whereas remaining three have been held guilty for the offence under Section 302/34 of the Indian Penal Code and all the four appellants have been awarded sentence to undergo rigorous imprisonment for life giving rise to present appeal.

2. The prosecution case is based on Ext.5. The fardbeyan of Basudeo Mahto (P.W.4) recorded by S.N. Jha, Investigating Officer (P.W.8) at 9.45 P.M. on 12.09.1982 at Manepur Gosarabaha (Place of occurrence) is that the deceased Doman Mahto brother of the informant had gone to Bhagwanpur Block at about 10 A.M. through bicycle and subsequently the informant also left the village at about 3 P.M. for village Manepur to meet his niece, during their return to home at about 7 P.M. both the brothers met each other at Manepur Chowk, for a while, they had a brief talk with each other and the deceased proceeded for the village on his bicyc