JUDGMENT :

(Sujit Narayan Prasad, J.)

The instant appeal is against the judgment and order of acquittal dated 28.07.2012 passed by the learned District and Additional Sessions Judge-II, Giridih in S.T. No.412/04 arising out of Bengabad P.S. Case No.58/04 corresponding to G.R. No.1165/04, whereby and whereunder, the respondent nos.2 and 3, namely, Manoj Paswan and Naresh Paswan respectively have been acquitted of the charge under Section 302/34 of the Indian Penal Code.

2. The prosecution version, as per the first information report reads as under:-

As per the fardbeyan of Badri Turi recorded by the then S.I. cum officer-in-charge of Bengabad Police Station on 08.07.2004 at about 11:00 a.m. at Fulwatand Near Railway bridge no.26 that his second son Ramgobind Turi, aged about 22 years had been working in the State of Kerala for two years and on 05.07.2004, Ramgobind Turi had made a telephonic information that he would arrive at this home on 08.07.2004 at about 7:00 a.m. One Satya Narayan Singh, son of Ishwari Singh, had informed his co-villagers that in the night on 07.07.2004 at about 10:00 p.m. while he himself along with his maternal brothers, Nakul Singh and Ramgobind Turi (deceas