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 a