Per D.N. Patel, J.:

1. Both the appeals have been preferred by the appellants against the judgment and order of conviction and sentence passed by learned Sessions Judge, Jamtara in Sessions Case No. 278 of 1993/244 of 2001. By this judgment and order of conviction dated 13th/17th September, 2002, the present appellants in both the appeals have been convicted for the offence under Section 302 to be read with Section 34 of the Indian Penal Code to undergo life imprisonment. Shiblal Murmu, who is appellant No. 1 in Criminal Appeal No. 640 of 2002 has expired as submitted by learned A.P.P. Hence the appeal is abated so far as the case of Siblal Murmu is concerned.

2. It is a case for prosecution that Fuchu Soren gave his statement before Umesh Kumar Singh, Sub-Inspector of Police of Jamtara Police Station, that on 26th of July 1992 at about 5 AM when he was ploughing the field at that time Sushil Murmu (appellant of Criminal Appeal No. 699 of 2002) having tangi (sharp cutting instrument) with him came with other co-accused who were carrying lathi with them. They all surrounded him, the accused Vishnu Murmu gave order to kill Fuchu Soren, thereupon accused Vishnu Murmu, Shiblal