JUDGMENT :

1. Heard Mrs. Shilpi Shandil, learned counsel appearing for the appellant nos. 1 and 2, Mr. Pran Pranay, learned counsel for the appellant no. 3 and Mr. Bhola Nath Ojha, learned A.P.P. for the State.

2. This appeal is directed against the judgment and order of conviction and sentence dated 25.07.2013 (sentence passed on 29.07.2013) passed by Sri Sachindra Kumar Pandey, learned District & Additional Sessions Judge-II, Ghatshila in S.T. No. 341/2010, whereby and whereunder the appellants have been convicted for the offence u/s 302/34 of the Indian Penal Code and have been sentenced to undergo R.I. for life along with a fine of Rs. 5,000/-and in default of payment of fine to undergo S.I. for three months.

3. The First Information Report is based upon the fardbeyan of Kavita Bera recorded on 16.01.2010 wherein, it has been alleged that when she was returning home after having a bath in the village pond she had seen near a well situated in Matihana, Chakulia metalled road Lobin Bera, Konka Bera and Srikanto Bera @ Tubung Bera making a concerted assault upon her father-in-law Bhuwan Bera by fists and legs. The accused Konka Bera started pressing the neck of her father-in-law and although she raised an alarm and pleaded with them not to do such act but such pleadings fell on deaf ears and ultimately her father-in-law who is an aged person died. On hearing the cry of alarm, people from the locality had gathered and with their assistance the body of her father-in-law was taken to his house and the incident was informed to the husband and mother-in-law of the informant. The reason for the occurrence is that about two years back her father-in-law was assaulted by Konka Bera for which a case was sought to be instituted in the Police Station against Konka Bera but it could not reach its finality due to the pressure created by the leaders of the society. It has been alleged that due to previous enmity the father-in-law of the informant was done to death by the accused persons.

Based on the aforesaid allegations Bahragora P.S. Case No. 6/2010 was instituted against Lobin Bera, Konka Bera and Srikanto Bera @ Tubung Bera for the offence punishable u/s 302/34 of the I.P.C. On conclusion of investigation charge-sheet was submitted against all the three named accused persons and after cognizance was taken the case was committed to the Court of Sessions where it was registered as S.T. No. 341/2010. Charge was framed against the accused persons for the offence u/s 302 of the I.P.C. which was read over and explained to them to which they pleaded not guilty and claimed to be tried.

4. The prosecution in support of its case has examined as many as twelve witnesses.

5. P.W.1 (Patitpawan Singh) and P.W.2 (Tarak Bera) have not supported the prosecution case and have been declared hostile by the prosecution.

6. P.W.3 (Rahul Shankar Bajpai) has deposed that the incident had taken place 8-9 months back. He had returned from the college when he came to know that Bhuwan Bera has died. He had seen the dead body but he does not know as to who had committed the murder.

7. P.W.4 (Kashinath Bera) has been tendered by the prosecution.

8. P.W.5 (Suria Bera @ Haria Bera) and P.W.6 (Sudam Bera) have both been declared hostile by the prosecution.

9. P.W.7 (Snehlata Bera) has deposed that the incident is of 1½ years back. It was about 2:00 P.M. She had gone with her husband to the field but she returned back alone. She has deposed that when she came home her daughter-in-law informed that Srikanto Bera, Lobin Bera and Konka Bera had assaulted her husband. When she went to see her husband she found him lying dead near the well. She has further stated that about 2 years back the same accused persons had assaulted her husband. On the date of the incident all the three accused had a quarrel with her son.

In cross-examination, she has deposed that all the three accused are nephews to her in relation. It is true that her daughter-in-law had informed her that all the