Prashant Kumar, J

Both these appeals arose from the judgment dated 27.09.2001 passed by 1st Additional Sessions Judge, Godda in S.T. No. 43 of 2000/57 of 2001 whereby and whereunder the appellants of both the cases were convicted under section 302/34 of the Indian Penal Code and sentenced to undergo imprisonment for life and they are also sentenced to pay fine of Rs. 10,000/-. Both the appeals were heard together and are disposed of by this common judgment.

2. The case of prosecution in short as per fard beyan of P.W. 3 Nonia Devi is that in the night of occurrence she was sleeping along with her husband Deo Narayan Marik and grand son Shaligram Marik in her new house. It is further alleged that in the late night co-villager, Anthawan Kotwal came and knocked the door and asked for opening the same. Whereupon, she opened the door and at that time she was holding a lantern. It is further alleged that suddenly Anthawan Kotwal, Arvind Marik, Arjun Mahamarik and Joytish Yadav entered inside the house armed with lathi. It is further alleged that they pressed the neck of informant with an intention to kill her and pushed her due to that she received injury on her head. Thereafte