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 the road was constructed, but the work was stopped by the appellants because they were not allowing the road to continue from their land. The matter was stopped by the appellants because they were not allowing the road to continue from their land. The matter was brought to the notice of block office, but no solution was found out. Since construction of road was to be completed, the informant and members of Gram Sabha, including deceased-Maru Mahto, had decided to complete the road during night. It is disclosed that the informant and the deceased-Maru Mahto with some labourers had gone to the place of occurrence on 9th July, 2004 at about 8:30 p.m. to complete the construction of road. No sooner the work was started, the appellants with their associates, armed with Balua, spear and Tangi, reached to the place and appellant-Ram Kuwar Sahu inflicted a blow by means of Balua on the abdomen of Maru Mahto. Thereafter, the companion accused also joined and caused assault to Maru Mahto. They were uttering that they would not spare anyone who would dare to construct the road on their land. Thereafter, the appellants with their associates caused assault to one of the appellants with their associates caused assault to one of the labourers, namely, Manga Kharia and killed him.

On the following morning, at 6:15 hours Fardbeyan of Birsa Kharia was recorded and a case, being Gumla, Sisai P.S. Case No. 72 of 2004, corresponding to G.R. No. 428 of 2004, under Section 302/34 of the Indian Penal Code was registered.

3. The police after due investigation submitted charge-sheet against the appellants. Accordingly, cognizance was taken and case was committed to the Court of Sessions and registered as Sessions Trial No. 294 of 2004.

Charge was framed under Section 302/34 of the Indian Penal Code against the appellants to which they pleaded not guilty and claimed to be tried.

The prosecution in order to substantiate the charge examined altogether eleven witnesses.

Learned 1st Additional Sessions Judge, placing reliance on the evidence and documents, available on record, held the appellants guilty under Section 302/34 of the Indian Penal Code and inflicted sentence, as indicated above.

4. The appellants have assailed the impugned judgment on the ground that P.W.2-Lakshmi Nath Oraon, P.W.3-Tetru Mahli, P.W.5-Sukra Lohra and P.W.7-Surendra Sahu have not supported the prosecution case and they have turned hostile. P.W.9-Birsa Kharia happens to be the informant. Though he has not been declared hostile, but he has not supported the prosecution case as made out by him in his Fardbeyan. He has simply admitted his signature appearing on the Fardbeyan, but did not admit the contention made therein. According to Fardbeyan, he was an eye-witness to the occurrence, but according to his deposit