All these aforesaid appeals, were heard together and are being disposed of, by the common order as all the appeals do arise out of the same judgment of conviction and the order of sentence.

2. These appeals are directed against the judgment of conviction and order of sentence dated 4th July, 2007 and 07th July, 2007 respectively passed by learned VIth Addl. District & Sessions Judge, (F.T.C. No.3), Godda in Session Trial No.55 of 2000 and Trial No.42 of 2007, whereby and whereunder the court while acquitting the appellants for the charges under Sections 307/149, 436/149 of the Indian Penal Code, convicted the appellants for the offence punishable under Section 302/149 of the Indian Penal Code on being found them guilty for committing murder of Sukhdev Yadav in furtherance of their common object.

3. The case of the prosecution is that on 20.03.2000 which was the day of “Holi”, the informant as well as the villagers were celebrating “Holi” festival by beating drums, singing and dancing. They in that course were proceeding towards “Kali-Mandap” in a procession by singing and dancing. As soon as the procession entered into an alley near the house of Ayub Mian at 2 p.m., some