Lakshman Uraon, J.-Both the appellants have preferred this appeal against the judgment and order of conviction and sentence dated 30.11.98 and 1. 12.98 respectively passed by Shri Rajesh Kumar Dubey, Vlllth Addl. Judicial Commissioner, Ranchi in S.T.No.291/97 whereby and whereunder the appellant No.1 Gurmukh Singh, was sentenced for life under Section 302, IPC and further appellant No.2, Basanti Devi and appellant No.1, Gurmukh Singh, were sentenced for life imprisonments under Section 302/34, IPC, directing both the sentences will run concurrently.

2. The prosecution case is based on the fard beyan of Man Singh, PW-3, the informant of this case, whose fard beyan, Ext.1, was recorded by S.I. of P.S Sukhdeonagar, S.K. Jha, on 8.11.96 at Sadar Hospital, Ranchi at 13 Hrs, alleging that the deceased Sardar Bhagat Singh was the elder brother of the informant, Man Singh. Sardar Bhagat singh was residing alongwith his family at Jamshedpur whereas his remaining four brothers are residing at ltki Road, Piska More, P.S.-Sukhdeonagar, District-Ranchi. Sardar Bhagat Singh had advanced Rs.40,000/- to the appellants to run poultry-farm business after selling the lands in the month of May