JUDGMENT

1. Heard Learned Counsel for the appellants Mr. H.K. Mahato and Mr. Sudhir Kr. Roy, Additional Public Prosecutor representing the State.

2. Out of seven accused persons who faced trial including these two surviving appellants, four were convicted by the learned court of Additional Judicial Commissioner, Khunti for the charges under Section 302/34 of the I.P.C. by the impugned judgment of conviction dated 10th October 1996 rendered in S.T. No.788 of 1991 / T.R. No.239 of 1993 and rest three were acquitted of the charges. The convicts were sentenced to undergo rigorous imprisonment for life under Sections 302/34 of the I.P.C. Out of the original four convicts/appellants, two died during pendency of the present appeal and the appeal as respects them stood abated. The remaining two appellants named above are thus pressing the appeal against the impugned judgment of conviction dated 10th October 1996 and the order of sentence dated 11th October 1996.

3. On the basis of the Fardbeyan of Charan Mahto, father of the deceased recorded by Sub-Inspector H.N. Ram, Officer-in-charge Sonahatu Police Station at Thungrudih on 26th July 1990 at 10 hours Sonahatu P.S. Case No.35/1990 was reg