D.N. Upadhyay, J.

These criminal appeals have been directed against the judgment of conviction and order of sentence dated 28.07.2003 and 29.07.2003 respectively passed by the Xth Addl. Sessions Judge, Dhanbad in connection with Sessions Trial No.262 of 1987 corresponding to G.R. Case No.2049 of 1987 arising out of Chirkunda P.S. Case No. 124 of 1987 whereby the appellants have been held guilty for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life.

2. The facts reveal from fardbeyan of Jhantu Mandal recorded on 03.08.1987 at 14.15 hours at Barakar Police Station are that on 02.08.1987 at about 8.30 p.m. the informant accompanied by Mantu Mandal (deceased) and Ajay proceeded for Gopal Hotel. They reached Gopal Hotel at 9.00 p.m. The informant noticed presence of 56 young boys near the hotel. Addressing one out of them, Mantu told what is the matter. Thereafter Mantu started talking with them and told the informant to go back home and he would be coming after a while. Name of one of the boy was disclosed as Jagdish. On the following morning there was rumour in the locality that dead body of a person is lying near Barak