JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal is against the Judgment of conviction dated 28.02.1994 and Order of sentence dated 02.03.1994 passed by the 3rd Additional Sessions Judge, Hazaribag in Sessions Trial No.13/1988, whereby and whereunder, the appellants have been convicted for the offence under Section 302/34 and Section 148 of the Indian Penal Code and directed to undergo imprisonment for life for the commission of offence under Section 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for two years under Section 148 of the Indian Penal Code and both the sentences have been directed to run concurrently.

2. The prosecution story in brief as per the fardbeyan of one Janardan Kumar Thakur, the informant (P.W.10) is that on 25.11.1986 at about 5:30 p.m., the informant along with his brother Birendra Kumar Thakur (deceased) was coming back having watching a football match from Barkakana Football Ground to his house in village Hehal. In the way, villagers Mathura Singh, P.W.3 and Dewana Kumhar @ Deo Nandan Prajapati, P.W.1 also happened to be with them. It has been stated that at about 6:30 p.m., they reached near Nala of Naiya Ghutuwa Village.