JUDGMENT :

Shree Chandrashekhar, J.

Against their conviction and sentence in Sessions Trial No.170 of 2008, the appellants are in appeal under section 374(2) of the Code of Criminal Procedure.

2. In the night of 31.03.2008, Manga Mundri, Sumi Mundri and Madhusudan Mundri were attacked by Ram Ratan Mundari @ Bene Mundari and Sangram Mundari. Two of them died on the spot and Madhusudan Mundri who was given First-Aid at Primary Health Center, Bandgaon was brought to RIMS, Ranchi for treatment, however, he succumbed to the injuries within few hours. The statement of Madhusudan Mundri was recorded at about 00:30 hrs. in the intervening night of 30/31.03.2008 by Arjun Paswan, officer-in-charge of Bandgaon P.S. On the basis of his fardbeyan} Bandgaon P.S. Case No.17 of 2008 was lodged at 09: 15 AM on 31.03.2008 under sections 302/307/34 of the Indian Penal Code. Madhusudan Mundri has stated that his cousin brothers, namely, Ram Ratan Mundari and Sangram Mundari wanted to grab his properties and in the past on several occasions they had threatened and raised dispute over his landed properties. On 30.03.2008, after taking dinner he left for Geneora (a community sleeping shelter) at about 08:30