D.N. Upadhyay, J.

This criminal appeal is directed against the judgment of conviction and order of sentence dated 04.06.2007 and 08.06.2007 respectively, passed by learned Addl. Sessions Judge, F.T.C.-IV., Deoghar, in connection with Sessions Trial No. 81 of 2005/ 39 of 2005, corresponding to G.R. Case No. 45 of 2005, arising out of Mohanpur P.S. Case No. 10 of 2005, whereby the appellants have been held guilty for the offence punishable under Sections 302/149, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default of making payment of fine, imprisonment for three months.

2. The facts, reveal from the fardbeyan of Nago Devi, recorded on 17.01.2005, at about 10:30 hours, at Sadar Hospital, Deoghar, are that during previous night, while she was sleeping in the house along with her husband Manager Pandit (deceased), all the appellants, named in FIR, forcibly entered in the house and overpowered Manager Pandit. It is disclosed that Jhupar Pandit caught hold of the deceased, whereas, Titu Pandit inflicted blow by means of spear on the chest of Manager Pandit. Remaining accused were also accommodating former accused Titu and J