JUDGMENT

B.B. Mangalmurti, J. (CAV) - This appeal is directed against the judgment of conviction dated 22nd April, 2006 and order of sentence dated 25th April, 2006 passed by Shri Awadhesh Nandan, 1st Additional Judicial Commissioner, Khunti in Sessions Trial No. 302 of 2002 and have found the appellants guilty under Section 302/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

2. The short fact of the case is that on 19.01.2002, informant along with his maternal uncle Anil Oraon of village Sotiyari and Gobra Oraon (Mausa of informant) proceeded from the brick kiln of Gobra Oraon situated in village Adailhatu at 7.00 p.m. for Kathal Toli. On the way, all the three persons took their meals in the Nunu Hotel. After taking meal, Anil Oraon went to his village Sotiyari. The informant Bhakhru Oraon @ Shiv Oraon and Gobra Oraon came to the house of informant at village Kathal Toli at 9.30 p.m. on bicycle. Gobra Oraon left his bicycle and proceeded for his house. In the morning, the informant went to the house of Gobra Oraon at around 7.00 a.m. where he came to know from his maternal aunt that Gobra Oraon did not return to home on previous night. Informan