JUDGMENT :

Sujit Narayan Prasad, J.

This Court, after having heard learned Amicus for the appellant nos.1 and 2 and learned A.P.P for the State, perused the materials available on record as also the judgment of conviction and order of sentence and closely scrutinized the deposition of witnesses recorded by learned trial Court, is passing order/judgment in open Court in presence of learned Amicus and learned A.P.P.

2. Learned Amicus at the outset has submitted that at the time of occurrence, appellant no. 1- Baiju @ Baijnath Paswan, and appellant no. 2-Raj Kumar Paswan were juvenile but subsequent thereto submission has been made that the aforesaid issue has neither been raised before the trial Court nor there was any enquiry to assess their age and as such she is not pressing this issue.

3. The instant appeal has been preferred against the judgment of conviction dated 27th July, 1993 and order of sentence dated 31st July, 1993, passed by the learned Additional District & Sessions Judge-II, Godda, in S.T. No.15 of 1993 [8 of 1993], by which the appellants, named above, have been found guilty and convicted for the offence punishable under Sections 302/34 of the Indian Penal Code and sent