It is submitted that the appellant No.-3 Illias Uraon @ Allias Lakra died on 18.10.1994, during pendency of this appeal. The death certificate of the appellant has been brought on record by filing supplementary affidavit. In view of the death certificate, this appeal abates as against appellant No.3.

2. Heard learned counsel for remaining appellants and learned counsel for the State.

3. The appellants are aggrieved by the Judgment of conviction dated 24.07.1992 and order of sentence dated 25.07.1992 passed by learned 2nd Additional Sessions Judge, Palamau, whereby the appellant Tanis Uraon @ Tanis Lakra has been found guilty for the offence under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act and the other appellants have been found guilty for the offence under Sections 302, 307/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life under Section 302 of the Indian Penal Code. No separate sentence has been passed for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

4. The prosecution story, in brief, is that on 20.01.1987 the prosecution side had gone to sow the wheat in the land of one Aigu Mission and when they were returning back after sowing the wheat, there was a sound of firing. The accused persons were chased by the mob, in which, they found the appellant Tanis Uraon @ Tanis Lakra armed with double barrel gun and the accused Illias Uraon @ Allias Lakra (since dead) was armed with Bhala, the other appellants were also armed with Tangi etc. They were chased, but they managed to flee away. When they returned back, they found one Pius Lakra dead at the spot and Clement Minz was lying injured. Written information to the aforesaid effect was sent to the police station by one Barnabas Minz, who was also Ex-Mukhiya of the village, on the basis of which, Netarhat P.S. Case No.2 of 1987 was instituted and investigation was taken up. After investigation, the police submitted charge-sheet in the case.

5. After commitment of the case to the Court of Session, the appellant Tanis Uraon @ Tanis Lakra was charged for the offence under Sections 302 and 307 of the Indian Penal Code and Section 27 of the Arms Act, whereas the other accused appellants were charged for the offence under Sections 302, 307/34 of the Indian Penal Code, and upon denial of the charge, they were put on trial.

6. In course of trial, the prosecution has examined 15 witnesses and also proved the fardbeyan, F.I.R., inquest report, seizure list, injury report of the injured as also post-mortem report of the deceased. The witnesses examined by the prosecution are P.W.-9 Barnabas Minz, who is the informant in the case, P.W.-1 Billasius Khalko, P.W.-3 Manual Minz, P.W.-4 Sushil Minz, P.W.-6 Clement Minz, the injured in the case, and P.W.-8 Julias Karketta, are the material witnesses in the case. None of these witnesses have stated that they had seen either of the accused appellants assaulting either the deceased or the injured. They have stated that they only heard the sound of firing, whereupon the accused persons were chased, who were armed. P.W.-3 Manual Minz has admitted in his cross examination that there was dispute between the parties for the land in question and there were proceedings under Sections 107 and 144 of the Code of Criminal Procedure between the Aigu Mission and the accused persons. Even P.W.-6 Clement Minz, who is the injured in the case, has admitted that he had not seen as to who had assaulted them. The other witnesses are only the hearsay witnesses or have been tendered. P.W.-12 Dr. Narendra Kumar Mishra, had conducted post mortem examination of the dead body of the deceased and he has proved the post mortem report. P.W.-14 is Dr. Nicholas Bara, who had proved the injury report of the injured, who was examined by one Dr. C.M. Singh. P.W.-13 Mahendra Nath Pandey, is the I.O. of the case, who has prov