Nagendra Rai and N.K. Sinha, JJ.

The appellant Udho Mahton along with four others was put on trial before the Addl. Sessions Judge, Banka, in S. T. No. 310 of 1986 who has convicted him u/s 302 I.P.C. and sentenced to undergo rigorous imprisonment for life. The other four accused persons who were tried for the offence u/s 302/149 have been acquitted of the said charge. The appellant and four others were also charged for the offence u/s 201 I.P.C. but they all were acquitted of said charge.

2. The prosecution version is that on 14.5.85 at 8. a.m. Babulal Roy (P. W. 6) and deceased Kapildeo Yadav both residents of village Barajogi police station Fulidumar, district Bhagalpur, had gone to Banka block office in connection with some work. While they were returning back to their house in the way they met accused Gajo Mahto, appellant Udho Mahton, Udheshwar Mahto and Butan Yadav of Sirade village at Samukhiya Hat. Thereafter they all proceeded towards their villages on cycles. In the way Udheshwar Yadav left for his village. Others reached at village Bajbaji at 4 p.m. and at the house of Ganauri Roy, deceased, Kapildeo Yadav, Butan Yadav, appellant Udho Mahton and Gajo Mahton too