JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal is against Judgment of conviction dated 11.02.1994 and Order of sentence dated 17.02.1994 passed by the Additional District and Sessions Judge-II, Godda in Sessions Case No.121 of 1990/12 of 1994, whereby and whereunder, the surviving appellant, i.e., appellant no.1, namely, Sudhir Rawani has been convicted under Sections 302 and 323 of the Indian Penal code and sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal code for committing murder of Gopal Rawani and further to undergo rigorous imprisonment for one year for the commission of offence under Section 323 of the Indian Penal Code with direction to run both the sentences concurrently.

The appellant no.2, namely, Darwari Rawani, (now deceased) has been convicted under Section 323 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for 9 months and fine of Rs.1000/-for the commission of offence under Section 323 of the Indian Penal Code for voluntarily causing hurt to Vijay Rawani.

2. The prosecution story in brief as per the fardbeyan given by Kamala Devi-P.W.4, widow of the deceased (Gopal Rawani) to S.I. Sheo Nandan Sharm