JUDGMENT :

R.Mukhopadhyay, J.

Heard Mrs. Vani Kumari, learned counsel appearing for the appellants and Mr. Pankaj Kumar, learned P.P.

2. So far as the appellant no.2 is concerned, an affidavit has been filed by the State from which it appears that appellant no.2 has died in the year 2010 itself and therefore this appeal has abated so far as the appellant no.2 is concerned.

3. This Appeal is directed against the judgment and order of conviction and sentence dated 02.09.1995 passed by Shri Shyam Kumar Mishra, Learned Additional Judicial Commissioner, Lohardaga in Sessions Trial No.71 of 1990 / 6 of 1990 whereby and whereunder the appellant has been convicted for the offence punishable under Sections 302/34 of the I.P.C. and has been sentenced to undergo rigorous imprisonment for life.

4. The prosecution case arises out of the First Information Report instituted by Punai Oraon wherein it has been stated that on 13.11.1989 he had gone to work in the potato field of Girdhari Oraon in the early morning and Ghuran Oraon as well as Bihari Oraon were working in the nearby filed having Sabal, Lathi and Dhelforwa with them. It is alleged that at about 7 A.M. Girdhari Oraon came near the accused pe