This appeal has been preferred by the appellants, namely, Bharat Mahato, Hukumlal Mahato, Gulab Chand Mahato and Rajendra Mahato, they stood convicted under Sections 307 I.P.C and were ordered to go rigorous imprisonment for five years vide judgment dated 09.11.2002 passed in S. T. Case No. 609 of 1993 by Sri R.K. Srivastava, learned Additional Sessions Judge, F.T.C.3rd, Bokaro.

2. The case of the prosecution, as has been recorded in the fardbeyan of Hublal Rajwar by S.I., R.B. Mahto of Chas (M) Police station on 28.09.1988 at 10:45 Hrs. in Referal Hospital, Chas alleging that in the morning the cousin of the informant, Bhola Rajwar (P.W.4) along with his nephew had gone to field in order to harvest Sinduwar. In the meanwhile, Bharat Mahto, Hukum Lal Mahto, Gulab Chand Mahto and Rajendra Mahto came and asked why he is harvesting Sinduwar, thereafter hot exchange of words took place. It is alleged that Bharat Mahto was armed with Farsa and Rajendra Mahto was armed with Chota Rangeela. Gulab Chand Mahto assaulted Bhola Rajwar with farsa on the head, consequent thereupon he fell on the ground thereafter, Gulab Chand Mahto and Rajendra Mahto also assaulted with Chota Rangeela on