JUDGMENT :

(Sujit Narayan Prasad, J.)

The instant appeal has been preferred under Section 374(2) of the Code of Criminal Procedure against the Judgment of conviction dated 25.06.1993 and Order of sentence dated 28.06.1993, passed by the Additional District & Sessions Judge-II, Godda, in Sessions Case No.12 of 1993/6 of 1993, whereby, the appellants have been found guilty and convicted for the offences under Section 302 read with Section 34 of the Indian Penal Code and upon hearing on the point of sentence, the appellants have been sentenced to undergo imprisonment for life for the offence under Section 302 read with Section 34 of the Indian Penal Code.

2. It requires to refer herein that the Appellant Nos. 1 and 6, namely, Gahnu Mahto and Radhika Mahto respectively, have been reported dead and, as such, the instant criminal appeal on behalf of the Appellant Nos. 1 and 6 stands abated, as would appear from order dated 11.03.2019 passed in the proceeding of the instant appeal. Therefore, the appeal is being pursued on behalf of Appellant Nos. 2, 3, 4, 5 and 7, namely, Vipin Bihari Mahto, Bhim Prasad Mahto, Arjune Prasad Mahto, Lakhiram Mahto and Ram Prasad Mahto.

3. The prosecution c