JUDGMENT :

Sujit Narayan Prasad, J.

Since both the appeals arise out of common judgment of conviction and order of sentence, therefore, the instant appeals are being disposed of with this common order.

2. The instant appeal, filed under Sections 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 28.04.2017 and order of sentence dated 29.04.2017 passed by the learned Additional Sessions Judge-II, West Singhbhum at Chaibasa in Sessions Trial Case No.68 of 2011, by which, the appellants have been found guilty and convicted for the offence punishable under Section 364 /34, 302/34 and 201/34 of the INDIAN PENAL CODE and sentenced them to undergo rigorous imprisonment for ten years and a fine of Rs.10,000/-for the offence under Sections 364 /34 of the INDIAN PENAL CODE and in case of default of payment of fine they have further been directed to undergo additional rigorous imprisonment for six months and further they have been sentenced to undergo imprisonment for life and a fine of Rs.10,000/-for the offence under Section 302 /34 of the INDIAN PENAL CODE and in case of default of payment of fine they have further been directed to undergo additional rigorous imprisonment for six months. The have further been sentenced to undergo rigorous imprisonment for five years and a fine of Rs.5,000/-for the offence under Sections 201 /34 of the INDIAN PENAL CODE and in case of default of payment of fine, further to undergo additional rigorous imprisonment for six months and further sentenced them to undergo imprisonment for life for the offence under Sections 120(B) of the INDIAN PENAL CODE and a fine of Rs.10,000/-and in default of payment of fine, they have further been directed to undergo additional rigorous imprisonment for six months and all the sentences awarded to them shall run concurrently.

3. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of prosecution case, as per fardbeyan of informant, which reads as under:

4. As per the Fardbeyan of the informant-Ladu Lal Sandi that he has gone to Bandgaon Hat Bazar on 19-05-2010 along with his mother Pudgi Devi, father Hindu Sandi Purty and the younger brother Tulsi Das Mahto for selling goods like oil and soap etc.

5. After closure of said Hat in the evening, the informant along with his mother, father and brother, proceeded for his house. The informant after some time, went away by his bicycle and his mother, father and younger brother proceeded through a 'Pagdandi' along with the unsold articles like oil, soap etc. It has been further stated that the informant's co-villagers 1. Titu Purty 2. Sahu Purty 3. Pandu Purty 4. Sukhram Purty 5. Karam Singh Purty 6. Samu Purty and others were also following the informant's mother and father on the said Pagdandi. The informant reached to his house and cooked rice and vegetable with the help of his sister Phulmani Sandi Purty and waited for his mother and father but they did not return till 9 p.m. in the night. The informant and his younger sister Phulmani went to Katwa pond but they did not find their mother and father and hence, they returned to their village and went to the house of Titu Purty, Sahu Purty, Pandu Purty, Sukhram Purty, Karm Singh Purty and Samu Purty, who were following the informant's mother and father, as well as to the house of other co-villagers, who had gone to the market on that day also. Thereafter, on 20-05-2010, in the morning, at about 5 o' clock, when the informant was going to answer the nature’s call in the field, he saw