LAKSHMAN URAON, J.

( 1 ) THE appellant no. 1, Mahendra Prasad Yadav, has been convicted under Section 302,1. P. C. and sentenced to undergo imprisonment for life whereas the appellant No. 2, Rajendra prasad Yadav alias Raja Prasad Yadav, has been convicted under Section 307, I. P. C. and sentenced to undergo R. I. for seven years. The appellant No. 3, Ramdeo Prasad Yadav alias Rami Prasad, has been convicted under Sections 325 and 323, I. P. C. and sentenced to undergo R. I. for two years and six months respectively. The other two appellants Nos. 4 and 5, Jharkhandi Mahto and birju Mahto, have been convicted under Section 323, I. P. C. and sentenced to undergo imprisonment for six months each in S. T. No. 19/1987 passed by Shri Vinod Kumar sinha, learned 5th Additional Sessions judge, Giridih.

( 2 ) THE appellants have preferred this appeal against the judgment and order of conviction and sentence passed against them with a prayer to allow it and acquit them all from those charges after setting aside the judgment and order of conviction and sentence passed against them.

( 3 ) THE prosecution case as disclosed by the informant, Jagdish Sao, PW- 4, father of the deceased,