JUDGMENT :

SANJAYA KUMAR MISHRA, J.

1. Appellants Maheshwar Kumhar and Swamber Behra have challenged the judgment of conviction dated 10.05.1995 and order of sentence dated 12.05.1995 passed by the learned Sessions Judge, Singhbhum West at Chaibasa, in Sessions Trial No. 503 of 1990, whereby he has convicted the appellants for the offence under Sections 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘Penal Code’ for brevity) read with Section 34 of the Penal Code and sentenced them to undergo imprisonment for life under Section 302 read with Section 34 of the Penal Code and rigorous imprisonment for one year under Section 201 of the Penal Code.

2. Originally, 07 persons were charge-sheeted and faced trial, but only these two appellants have been convicted and rest five persons have been acquitted by the learned Sessions Judge because of paucity of evidence.

3. The prosecution case, in short, is that informant Parai Gope (PW-2) got his fardbeyan recorded on 13.05.1990 stating that on last Wednesday (09.05.1990) his co-villager Swamber Behra came to his house at 11/12 hours and took his son Vimal @ Bhikhu Gope saying for taking some photographs. They took the