JUDGMENT :

(Subhash Chand, J.) :-

Heard learned senior counsel for the appellants and learned counsel for the State as well as learned counsel for the informant.

1. The instant criminal appeal is preferred on behalf of the appellants against impugned Judgment of conviction dated 30th August, 1994 and Order of sentence dated 31st August, 1994 passed by the 3rd Additional Judicial Commissioner, Ranchi in Sessions Trial Case No.128 of 1991, whereby, the appellants have been convicted for the offence under Sections 120-B, 302 and 302/149 of the INDIAN PENAL CODE and they were sentenced to undergo imprisonment for life under the aforesaid offence. Further all the sentences were directed to run concurrently.

2. The prosecution case in brief is that the informant—Rameshwar Sahu had given the written information with the police station concerned with these allegations that on 11th May, 1990 he along with his son—Gajendra Prasad Gupta had gone to village Jhinjhri in a Jatra fair for selling sweets. The informant, his son, villagers—Ashok Sahu, Khakhndu Sahu and Jatan Sahu proceeded for their home from Jatra at 7:30 o’ clock of evening and on the way, when they reached to village Dhumphu four to five persons armed with lathi and hockey came there. One of them stopped the cycle of his son by inserting the hockey stick in the wheel of the same. All of them caught hold of his son and took him at one side. The informant and other who had accompanied him also made effort to rescue him but all the accused persons criminally intimidated them. All the accused persons assaulted his son and his son was crying not to kill him addressing the name Aditya and Suresh. The informant was too old and was having weak eye sight, so he could not rescue his son at the place of occurrence. When his son stopped crying, all accused persons fled away. He found his son lying in pool of blood. The blood was oozing from his forehead and other parts of body. On being asked his son told him that it was Suresh, Aditya and five to six unknown persons, who had assaulted him. His son was crying, however, he took his son to RMCH, Ranchi where he died on 12th May, 1990. After postmortem, the dead body was brought at the house and same was cremated. A case was pending between his son and his nephew Suresh and Aditya. The reason of the same is that there was land in his name and his brothers which was acquired by the Central Coalfields Limited and in lieu of acquisition of land, Suresh and Aditya were given job and no job was given to his son, therefore, his son had filed the case and on account of this animosity Aditya and Suresh along with five to six unknown persons had committed the murder of his son.

3. On this, written information, the Case Crime No.43 of 1990 was registered against the accused Suresh Sahu, Aditya Sahu and five to six unknown persons for the offence under Sections 147 , 148, 149, 120-B and 302 of the INDIAN PENAL CODE at Mandar police station, sub-division Sadar Ranchi. The Investigating Officer after having concluded the investigation filed charge-sheet against the accused Suresh Sahu and Aditya Sahu for the offence under Section 147 , 148, 149, 120-B and 302 of the I.P.C. before the court of Chief Judicial Magistrate, who took the cognizance on the charge-sheet and committed the case for trial to the court of Sessions Judge.

4. The trial court framed charge against the accused persons for the offence under Section 302 read with Section 149 of the I.P.C. and Section 120-B of the I.P.C. and they denied the charge framed against them and claimed to face the trial.

5. On behalf of the prosecuti