These criminal appeals have been directed against the judgment of conviction and order of sentence dated 14th June, 2007 and 18th June, 2007, respectively, passed by learned 1st Additional Sessions Judge, Gumla in connection with Sessions Trial No. 294 of 2004, corresponding to G.R. No. 428 of 2004, arising out of Gumla, Sisai P.S. Case No. 72 of 2004, whereby the appellants have been held guilty for the offences punishable under Sections 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5.000/-, each, and in default of making payment of fine, further simple imprisonment of six months.

2. The prosecution case, as it appears from the fardbeyan of Birsa Kharia-P.W.9, recorded on 10th July, 2004, at 06:15 a.m., in brief, is that a contract for construction of a Kacha Road from Birkera to Ghaghra was sanctioned under Jawahar Rojgar Yojana. The informant was elected as President, whereas one of the deceased-Maru Mahto was elected as Secretary of Gram Sabha and construction work of said road was to be done under the supervision of Gram Sabha. The estimate for construction of said road was Rs. 2.98 lacs. Major part of t