Vishnudeo Narayan, J.- This appeal has been preferred by the appellants named above against the judgment dated 14.12.1989 in Sessions Trial No. 442 of 1983 passed by Shri Satyendra Singh, 4th Additional Sessions Judge, Palamau at Daltonganj whereby and whereunder all the appellants were found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and they were convicted and sentenced to undergo R.1.

for life.

2. The prosecution case has arisen on the basis of fardbeyan (Exhibit-1) of P.W.2, Surji Devi recorded by S.1. R.K,Mishra of Latehar P.S.on 7.3.1978 at 7.00 hours at village-Kumandih, P.S.-Latehar, District Palamau regarding the occurrence which is said to have been taken place on 6.3.1978 at 14.00 hours in the cow-shed of the Animal Husbandry Department in the said village.

3. The prosecution case, in brief, is that her father, Komal Mochi works in the cow-shed of the Animal Husbandry Department situate in village-Kumandih and she was in the cow-shed at about 14.00 hours on the date of the occurrence and her father was not present there and Jamuna Sah came running from the south raising alarms to save his life and the informant came out of the sa