Ananda Sen, J.

These 7 (seven) criminal appeals, filed by 11 convicts have been heard together and are being disposed of by this common judgment as the same arise out of the same Judgment of conviction and Order of sentence.

2. The appellants herein have been found guilty for offences under Sections 148 and 302/149 of the Indian Penal Code by Judgment of conviction dated 19.01.2005 passed in Sessions Case No.39 of 2003/64 of 2000 by the learned 4th Additional Sessions Judge, Fast Track Court No.1, Godda. After finding these appellants guilty under Sections 148 and 302/149 of the Indian Penal Code, by an order dated 19.01.2005, all these appellants have been sentenced to undergo rigorous imprisonment for 3 years for offence under Section 148 of the Indian Penal Code and imprisonment for life along with a fine of Rs.5000/- for the offence under Sections 302/149 of the Indian Penal Code. In default of payment of fine amount, they are also to undergo simple imprisonment for one month.

3. The prosecution case is based upon the fardbeyan of Dilip Kumar Mahto (P.W.10), which was recorded at 11.50 Hrs. on 05.09.1999. The prosecution case in brief is that on 05.09.1999, at about 06.0