JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant appeal is directed against the Judgment of conviction dated 30.07.2013 and Order of sentence dated 31.07.2013, passed by learned Additional Sessions Judge-II, Saraikela Kharsawan, in Sessions Trial No. 115 of 2011 arising out of Kharsawan P.S. Case No. 23 of 2010 (G.R. Case No. 595 of 2010) registered under Section 302/34 of the Indian Penal Code for committing murder of Shyam Mundari by which the appellants have been convicted under section 302 of the Indian Penal Code and have been directed to undergo imprisonment for life with fine of Rs. 4,000/- each. In default of payment of fine, both the convicts have been directed to undergo S.I. for one month.

2. The prosecution story in brief as per the allegation made in the First Information Report reads hereunder as:

According to the fardbayan of the informant Yasoda Mundari, the case of the prosecution was that on the night of 29.07.2010, she was sleeping at home with her husband Shyam Mundari and children when at around 10:00 pm, a sound was heard from Sega Mundari's house located next to them. When she heard a commotion, her husband Shyam Mundari went to Sega's house and saw that Sega w