JUDGMENT :

The case was heard through video conferencing. None of the parties found any flaws with audibility/visibility during the course of hearing the matter.

2. This appeal is preferred against the Judgment of Conviction dated 03.09.2003 and order of sentence dated 05.09.2003 passed by the learned Sessions Judge Dumka (S.P.) in S.C. Case No.163 of 1996, arising out of Shikaripara P.S. Case No.53 of 1995, corresponding to G.R. Case No.832 of 1995, whereby and where under, these three surviving appellants Lakhi Ram Tudu, Khuriya Marandi and Gopal Tudu along with two other appellants(who died during the pending of this appeal namely, Sufal Tudu and Dhena Marandi @Manjhi Marandi) were convicted for the offences punishable under Sections 341 and 304 of IPC read with Section 149 of IPC and they were sentenced to undergo R.I. for seven years under Section 304 Part II of the IPC and further convicted and sentenced to undergo S.I. for one month under Section 341 of IPC, and both the sentence were directed to run concurrently.

3. The short facts of the present case is that the informant Baha Tudu wife of late Chhoman Marandi gave her fardbayan on 02.11.1995 at 8.30 am, which is recorded by