JUDGMENT :

Heard Mr. A. S. Dayal, learned counsel for the appellant nos. 2 and 4, Mr. Birendra Kumar, learned counsel for the appellant no. 5 and Mr. Vishwanath Roy, learned A.P.P. for the State.

2. During the pendency of this appeal, the appellant no. 1 namely, Basudeo Paswan and the appellant no. 3 namely, Gendhori Paswan had expired on 16.12.2021 and 06.08.1994 respectively and accordingly vide order dated 21.04.2022, the appeal was held to have abated so far as appellant nos. 1 and 3 are concerned. This appeal therefore, survives so far as the appellant nos. 2, 4 & 5 are concerned.

3. This appeal is directed against the judgment and order of conviction and sentence dated 16.09.1993 (order of sentence passed on 17.09.1993) passed by Sri Shyam Deo Singh, Vth Additional Sessions Judge, Dhanbad in S. T. No. 300 of 1991 whereby and whereunder the appellants have been convicted for the offence under Section 302/34 of Indian Penal Code and have been sentenced to undergo imprisonment for life. 4. The Fard Beyan of Ashok Paswan was recorded on 02.04.1991 at 9:00 A.M. in which it has been stated that on 01.04.1991 at about 8:30 A.M., Harihar Paswan @ Bishwanath Paswan was in an intoxicated