JUDGMENT :

The instant criminal appeal has been preferred against the judgement of conviction and order of sentence dated 16.08.2003 and 22.08.2003 respectively passed by the court of 3rd Additional Sessions Judge, Chaibasa in Sessions Trial No. 125 of 1997 whereby and whereunder the learned trial court convicted both the appellants for the offence punishable under Section 307/34 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 7 years therein.

2. Briefly stating, the prosecution story as unfolded in the beyan of the informant P.W. - 1 Daya Nidhi Pradhan was recorded by ASI Raj Kumar Choudhary of Keraikella, Police Station on 08.10.1991 at 02:00 hours. The informant alleged that his sister was married to Akhil Pradhan who drove her out of his house after assaulting and since then his sister had been living with the informant. On 08.10.1991 his Bahnoi Akhil Pradhan came his village with one miscreant (gunda) namely Anirudh Pradhan. On that day at 12:30 in the day when the informant had gone to river for taking bath, Akhil Pradhan along with Anirudh Pradhan came at river and his Bahnoi ordered Anirudh to kill the informant, upon which Anirudh Pradhan in