(Per: Hon'ble Mr. Justice Ashwani Kr Singh)

The appeal is directed against the judgment and order dated 15th June, 1989 passed by the 3rd Additional Sessions Judge, Nawada in Sessions Trial No. 118 of 1987/122 of 1984 by which, appellant no. 1, Moti Mahto, and appellant no. 4 Bhagwan Mahto have been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and appellant no. 2 Mosafir Prasad, appellant no. 7 Kishun Mahto, appellant no. 3 Vijay Prasad, appellant no. 8 Chandrika Prasad, appellant no. 6 Amrit Mahto, apellant no. 5 Meghu Mahto have been convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

2. The prosecution case is based on the fardbeyan of one Rajdeo Prasad @ Rajdeo Yadav made at 1 p.m. on 4.11.1979 regarding the occurrence which is alleged to have taken place on the same day at about 7 a.m. In the first information report it is alleged that on the relevant date and time of occurrence Bhuneshwar Yadav (deceased) alongwith Rajdeo Prasad, Babulal Yadav, Lachchu Yadav, Nanhku Yadav, Anant