JUDGMENT :

(Sujit Narayan Prasad, J.) :

1. The instant appeal is against the Judgment of conviction and Order of sentence dated 10.06.1994 passed by the Additional Judicial Commissioner, Lohardaga in Sessions Trial No.212/111 of 1990, whereby and whereunder, the appellants, namely, Mahabir Oraon, Narayan Oraon and Budhram Oraon have been convicted under Section 302 read with Section 34 of the Indian Penal Code and they have been sentenced to suffer R.I. for life under Section 302 read with Section 34 of the Indian Penal Code.

2. The prosecution story in brief is that on 08.12.1989 at about 7:00 a.m., the informant, namely, Some Oraon, P.W. 7 along with his brothers, namely, Mangra Oraon and Sewar Oraon (deceased) went to his field for transplantation of potato and to plough their field. At about 12 o’clock in the noon, the informant’s wife, namely, Hira Orain, P.W. 3 came and reported that the accused persons, the appellants, namely, Mahabir Oraon, Narayan Oraon and Budhram Oraon have demolished the wall of the house. The informant along with his brothers ran towards their house after getting such information and when they reached their house, accused Budhram Oraon came armed with sp