ORDER :

Heard Mr. P.S. Dayal, learned counsel for the appellants and Mr. Pankaj Kumar, learned P.P. for the respondent-State. None appears on behalf of the respondent no. 2.

2. This appeal is directed against the judgment of conviction and order of sentence dated 31.03.1995 passed by Shri Shyam Deo Singh, learned 5th Additional Sessions Judge, Dhanbad in Sessions Trial No. 94 of 1988, whereby and whereunder the appellants have been convicted for the offences punishable u/s 302/34 and 201 of the IPC and have been sentenced to undergo imprisonment for life for the offence punishable u/s 302/34 of the IPC and R.I. for three years for the offence punishable u/s 201 of the IPC. Both the sentences were directed to run concurrently.

3. The fardbeyan of Arun Kumar Mahto was recorded on 27.11.1985 at 12:00 P.M. wherein it has been stated that on 23.11.1985 at around 8:30 P.M. his co-villagers Ramvijay Mahto (appellant no. 3) and Subal Mahto @ Megha Mahto (appellant no. 2) had come to his house and invited his brother Pran Kisto Mahto for catching fish. His brother at this offer went away with Ramvijay Mahto and Subal Mahto. When, even in the morning of the next day Pran Kisto Mahto did not ret