JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal has been preferred by the four appellants/accused persons under Section 374(2) of CrPC questioning the legality, validity and correctness of the impugned judgment dated 04/07/2012 passed by learned First Additional Sessions Judge Raigarh in Sessions Trial No. 139/2011 whereby they have been convicted for offence punishable under Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 500/- each and in default of payment of fine, additional R.I. for one month. Since appellant No. 2 Mangal Toppo has died, the instant appeal, filed on his behalf, has already been abated by order of this Court passed today separately, as such, we proceed to consider the case of appellants No. 1, 3 and 4.

2. Case of the prosecution, in brief, is that on the intervening night of 11-12/03/2011 in between 8 PM to 6 AM, the appellants herein, in furtherance of their common intention, assaulted Leelavati with knife and thereafter caused her death by strangulating her and thereby, committed the aforesaid offence.

3. Further case of the prosecution, is that, in the evening of 11/03/2021, Leelavati took off from her house stating tha