B.B. Mangalmurti, J.

Heard learned counsel for the appellant and learned counsel for the State.

2. The sole appellant is aggrieved by the impugned Judgment of conviction dated 20.05.1996 and Order of sentence dated 21.05.1996, passed by the learned 1st Additional Sessions Judge, Gumla, in Sessions Trial No. 236 of 1995, whereby, the appellant along with his father, the co-accused Roto Oraon, has been found guilty and convicted for the offences under Section 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo R.I. for life for the offence under Section 302 of the Indian Penal Code.

The appellant Roto Oraon died during the pendency of this appeal, as such his name was deleted vide order dated 12.4.2018.

3. The prosecution case is based on the fardbeyan of Birso Orain stating that at about 9/10 a.m. she along with her husband Jatru Oraon and his son Birsa Oraon and Hal Nahas, Eta Kharia and Pusha Kharia had gone to sow paddy in their field Kusumdon situated at a distance of 1 km. from the village. The informant went for drinking water at the well of the paddy field which was at a distance of 500 yards, at that time