Heard the learned counsel for the appellants and counsel for the State.

2. This appeal is directed against the judgment of conviction and sentence dated 5th September, 2001, passed by Shri R.N. Verma, Addl. Judicial Commissioner-cum-Special Judge-I, C.B.I. (A.H.D.), Ranchi in Sessions Trial No. 336 of 1987 by which judgment the learned Additional Judicial Commissioner-cum-Special Judge-I, C.B.1. (A.H.D.), Ranchi found guilty all the appellants under Sections 147, 304 (1) 1st part and 149 of the Indian Penal Code and the appellant no. 4 Mohan Singh @ Lal Mohan Nath Shahdeo has been sentenced to undergo R.I. for seven years under Section 304(1) of the Indian Penal Code and other appellants have been sentenced to undergo R.I. for five years under Section 304(1) of the Indian Penal Code and further all the appellants sentenced to undergo R.I. for one year under Section 147 of the Indian Penal Code. However, Trial Court offered all both the sentences will run concurrently.

3. The prosecution case was started on the basis of fardbeyan given by the injured deceased Lal Narain Nath Shahdeo on 12.4.1986 at 12:30 in the afternoon stating therein that on the same day at

11 :00 A.M.