HON'BLE MR. JUSTICE J.C.S. RAWAT: ORAL

This appeal has been preferred by the appellants against the judgment dated 2.12.2003 and the order of sentence dated 3.12.2003 passed by the 6th Additional Sessions Judge, Giridih in S.T. No. 356 of 2002/ 30 of 2003, whereby, the appellants have been convicted under Sections 302/34, 326/34 and 452 /34 of the Indian Penal Code and they have been sentenced to undergo imprisonment for life under Section 302/34 IPC, rigorous imprisonment for three years under Section 326 /34 IPC and simple imprisonment for 6 months under Section 452/34 IPC and it is directed that sentences would run concurrently. The convicts have also been directed to deposit a fine of Rs. 1000/- each out of which, 75% of the said amount was to be given to the legal heirs of the deceased, Dalo Mahto as compensation.

2. From the record, it is revealed that there was a dispute between Dalo Mahto and Gotiya Khoso Mahto andothers with regard to extraction of Mahua from Mahua Tree. According to the deceased, the said tree was in his land and he did not allow anyone to pick up Mahua. On 4.4.2002 at 6 a.m. the accused- appellants along with other two accused persons Gokul Mahto and Bab

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