LAKSHMAN URAON, J.

( 1 ) THIS appeal has been directed against the judgment and order of conviction and sentence dated 2-8-1997 and 5-8-1997 respectively, passed by sri R. N. Verma, learned 2nd Additional judicial Commissioner, Khunti, in Sessions trial No. 392 of 1997, arising out of G. R. No. 88 of 1995, whereby and whereunder, both the appellants have been convicted for the offence under Sections 302/34 and 201 of the Indian Penal Code and have been sentenced to undergo imprisonment for life for the offence under Section 302/34 of the Indian Penal Code and to undergo imprisonment for seven years for the offence under section 201 of the Indian Penal Code, directing both the sentences to run concurrently.

( 2 ) THE informant Barte Pahan (PW 8), who is not the eye witness of the murder of his son Bargi Pahan, in his Fard-beyan (Ext. 2), recorded on 13-2-1995 at 14-45 hours at village Itre by S. I. Juel Minz (PW 11), has alleged that his son Bargi Pahan had recently returned from Bombay where he had gone for work. On Sunday i. e. 12-2-1995 at about 5. 00 p. m. he went for a walk wearing pant and shirt. He did not return home till 9. 00 pm. The informant believed that his