This appeal is by four convicts who have been found guilty under section 302/34 of the Indian Penal Code. Each of the appellants has been sentenced to undergo R. I. for life.

2. Deceased Rajkumar was a labour of the West Jalinga tea garden. On 9. 6 "2, he came to the house of PW 5 Nilakanta who is also a labour of the aforesaid tea garden. Rajkumar came to the house of this witness around 7 PM to have some discussion with Suparuo, a sister of the witness, relating to the damage to many houses in the garden due to storm. As the younger brother of the witness was lying ill, Rajkumar spent sometime asking the well-being of the younger brother. By this time it was 10.30/11 PM. As it was quite late by the time deceased left the house of the witness, Nilakaita gave company to Rajkumar. He then had a torch with him. After crossing the main road, the two persons came to the lane by which one has to travel to reach the house of the deceased. When they arrived near the gate of the- house of the accused Kartick, PW 5 saw Kaitick and Ram Karan waiting in front of the former's' house. At the relevant time, the witness was 3/4 cubits, ahead of the deceased. After crossing the house