D.N. Patel, J.

- Both the Criminal Appeals are arising out of the judgment and order of conviction and sentenced dated 4th & 6th August, 1999 respectively, passed by the learned 1st Additional Sessions Judge, Giridih in Sessions Trial No. 167 of 1989, by which, the appellants of Cr. Appeal No. 280 of 1999 i.e. Kishun Singh, Gondu Singh and Inder Singh have been convicted for the offence under Section 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months whereas the sole appellant of Cr. Appeal No. 300 of 1999 i.e. Girja Singh has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and also order to pay a fine of Rs. 500/- and in default thereof further simple imprisonment of three months has been awarded. Against these convictions, the accused have preferred the aforesaid Criminal Appeals.

2. If the case of the prosecution is unfolded, the brief facts of the case are as under:-

It is the case of the prosecution that on 23rd February, 1988 at 6.30 a.m. accused assaulted Laljeet Kandu (deceased), Latti Kandu (PW-6) and Murli Kandu (PW5) as they were con