N.N. Tiwari, J.

1. This appeal is against the judgment of conviction and order of sentence dated 22.3.1994 passed by the 2nd Additional Sessions Judge, Gumla in S.T. No. 184/1988, whereby the appellants have been found guilty for the offence under Sections 302/34, IPC and they have been sentenced to undergo RI for life.

2. Briefly stated the prosecution case is that on 22.4.1987 Jitia Oraon alongwith Kura Oraon (deceased), Karamdeo Oraon and Shambhu Munda were ploughing paddy field of Kura Oraon. At about 4.30 p.m. Subash @ Tehna Oraon, Soma Oraon, Ghura Oraon, Mangra Oraon, Khoras Lakra, Lohra Oraon, Kario Oraon and Suka Orain arrived there variously armed with weapons. Subash @ Tehna Oraon and Ghura Oraon were holding Bhujali, Khoras Lakra was armed with Balua, Soma Oraon and Mangra Oraon with Tangi and Kario Orain and Suka Orain were having stones in their hands. All the said persons surrounded Kura Oraon and Ors. Subash @ Tehna Oraon abused Kura Oraon and forbade him from ploughing the land and then gave Bhujali blow on his temple. Kura fell down. Subash hit him on the stomach and the others also thereafter joined them and assaulted Kura with the weapons held by them. The