JUDGMENT :

Shree Chandrashekhar, J.

Hirodih PS Case No. 49 of 1993 was lodged on the basis of the fardbeyan of Basudeo Yadav which was recorded at about 8:15 AM on 18.06.1993 against the accused persons, namely, Triloki Mahato, Hukum Mahto, Rama ‘Mahato, Tribhuan Mahto, Ahmad Mian and Khalil Mian. After the investigation a charge-sheet was submitted against Triloki Mahato, Hukum Mahto, Rama Mahato and Tribhuan Mahto and charges under section 302/34 of the Indian Penal Code for causing death of Jhari Mahto and section 307/34 of the Indian Penal Code for attempt to cause death of Jagdish Mahto were framed against them on 10.11.1997. Hukum Mahto and Tribhuan Mahto have been separately charged under section 302 of the Indian Penal Code for causing death of Jhari Mahto and Hukum Mahto has been charged separately under section 307 of the Indian Penal Code for attempt to cause death of Jagdish Mahto. About ten years thereafter, a charge under section 302/34 of the Indian Penal Code was also framed against them for causing death of Jagdish Mahto, vide order dated 25.10.2007.

2. During the trial, the prosecution has examined nineteen witnesses; Ladho Devi and Gorwa Devi who were declared hosti