(1) J. C. S. RAWAT, J. :- Both these appeals are directed against the judgment and order of conviction and sentence dated 8-10- 2002 and 9-10-2002 passed by the Additional Sessions Judge, Fast Track Court No. 1, Pakur, in Sessions Trial No. 91 of 2000/5 of 2002 whereby the appellants have been sentenced to Undergo imprisonment for life under Section 302/34, IPC and they have been further directed to pay fine of rupees two thousand each and in default of payment of the fine, to undergo further rigorous imprisonment for one year each.

(2) BRIEF facts of the case is that on 20-8- 1999 the informant's husband Lakhiram Marandi came to his house from the school in the evening. After taking some snacks and tea, he went to his agricultural land where he had cultivated crops. At about 7.00 p.m., all of a sudden, the informant heard hue and cry of her husband. The husband of the informant was seeking assistance by raising alarms "bachao bachao". On hearing so, the informant Sila Tudu, with a torch in her hand, rushed along with her "Nanad" (PW3), towards the place from where she was hearing the alarms of her husband. When she reached at the place of the occurrence, she saw that the appellants Sitaram Marandi, Srinath Hembram alias Bablu, Pramod Hembram alias Mari Hembram, Prem Chand Marandi alais Pemay were holding weapons i.e. sickles and gupti in their hands and they were assaulting the husband of the informant with the weapons which they were holding in their hands. Due to assault, her husband sustained serious injuries on his person. The informant also tried to rescue her husband. He fell down on the ground and he asked for a glass of water. In spite of falling down on the ground, the appellants continued assaulting the husband of the informant. On alarms, the villagers rushed at the spot and seeing that the villagers had been coming to the place of the occurrence the appellants fled away leaving the husband of the informant at the spot. The matter was reported to the Police Station on 21-8-1999. Thereupon, Maheshpur PS Case No. 43 of 1999 was registered against the appellants and investigation of the case was started. Inquest report was prepared. Post- mortem on the body of the deceased was conducted by PW2 Dr. Suresh Chandra Sharma. Statements of the witnesses were recorded under Section 161, Cr.P.C and after completion of the investigation, charge- sheet was submitted against' the appellants.

Appellants were committed to the Court of sessions; as the case was exclusively triable by the Court of sessions, it was transferred to the Court of Addl. Sessions Judge, FTC Pakur. The accused appellants were charged under Section 302/34, IPC and they denied the charges' levelled against them and they claimed the trial.

(3) THE prosecution examined 10 witnesses in support of the prosecution story. PW1 Stifen Hembram is a witness on seizure lists (Ext. 1 to Va). PW2 Dr. Suresh Chandra Sharma conducted autopsy on the dead body of the deceased and post-mortem report (Ext. 2) was prepared by him at the time of autopsy. PW3 Sabitri Marandi is the sister-in- law (Nanad) of the informant and she has claimed to be the eye-witness to the incident. PW4 Sila Tudu is the informant who is the wife of the deceased. She has proved the fard beyan and she claims to be the eye-witness of the incident. PW5 Hiralal Marandi, PW6 Ram Deri, PW7 Baburam Marandi, PW8 Matal Hembram, PW9 Sukhu Dehri and PW10 Iswar Hemari have not supported the prosecution version and they were declared hostile by the prosecution.

(4) THE appellants were examined under Section 313, Cr.P.C. after recording the prosecution evidence. All the appellants denied all the averments made in the evidence against them. THE defence has not examined any oral or documentary evidence before the trial Court. After conclusion of the trial, and hearing the trial Court has convicted the appellants as indicated above.

It needs to be mentioned that there is no dispute about the date and time of dea