ORDER :

1. This appeal is directed against the judgment of conviction and order of sentence dated 23.09.2005 passed by the learned 1st Additional Sessions Judge, Deoghar in Sessions Trial No. 87 of 1999 in connection with Sarawan (Sonaraitharhi) P.S. Case No. 163 of 1998, corresponding to G.R. Case No. 931 of 1998 & T.R. No. 454 of 1999, Deoghar, Jharkhand, whereby and where under the appellants along with one Dindayal Mahto were convicted and the appellant no. 1 Bishwanath Mahto has been convicted u/s 307 of IPC and sentenced to undergo R.I. for 7 years and a fine of Rs. 2000/- (Rupees two thousand) and in case of default of payment of fine Bishwanath Mahto was further ordered to undergo R.I. for three months. Original appellant no. 2 Kumi Mahto (since dead) appellant no. 3 Rajendra Mahto, Appellant No. 4 Yogendra Mahto were convicted for the offence punishable u/s 323 of IPC and sentenced to undergo R.I. for six months and a fine of Rs. 500/- (Rupees five hundred) and in case of default of payment of fine they were further directed to undergo one month Rigorous Imprisonment, the appellant no. 5 Binod Mahto was convicted for the offence punishable u/s 325 of IPC and sentenced to un