Per D.N. Patel, J.-These appeals have been preferred by the accused-appellants against the judgment of conviction and order of sentence passed by the 1st Additional Sessions Judge, Jamshedpur, East Singhbhum in Sessions Trial No. 41 or 1998. The order of conviction is dated 2nd December. 2004 whereby these appellants have been punished for the offence punishable under Section 302 of the Indian Penal Code for life imprisonment and under Sections 147 and 148 of the Indian Penal Code for rigorous imprisonment for one year. They were acquitted from the charges under Sections 149 and 341 of the Indian Penal Code. The State has not preferred any acquittal appeal against the order of acquittal passed by the trial Court under Sections 149 and 341 of the Indian Penal Code.

2. It is the case of the prosecution that on 27th January, 1993 at about. 6.30 p.m. when the informant (PW 9) Satish Chandra Prasad and the deceased, namely, Rajesh Prasad and other prosecution witnesses were returning from Sarswati Puja, the accused persons came and assaulted with hockey sticks iron rods and bhujali (a sharp-cutting weapon) as well as by saw and they assaulted the deceased, they dragged him nearby