JUDGMENT :

(Sujit Narayan Prasad, J.) :

Both the appeals have been filed against the common judgment of conviction dated 23.07.1994 and order of sentence dated 27.07.1994 and as such both these appeals have been heard together and are being disposed of by common order.

2. Both criminal appeals have been filed under Section 374(2) of the Code of Criminal Procedure directed against the Judgment of conviction dated 23.07.1994 and order of sentence dated 27.07.1994 passed by Additional Sessions Judge-II, Godda in Sessions Case No.143 of 1993/19 of 93/8 of 94 by which all the appellants have been convicted for commission of offence under Sections 302 /34 of the INDIAN PENAL CODE and further accused Anup Kumar Mandal (appellant no.1 in Cr. Appeal (DB) no.434 of 1994) has also been convicted under Sections 307 and 324 of the INDIAN PENAL CODE and all the appellants/accused have been sentenced to undergo imprisonment for life under Sections 302 /34 of the INDIAN PENAL CODE . Accused no.1 (Cr. Appeal (DB) No. 434 of 1994 (P)) has further been sentenced to undergo R.I for five years under Section 307 I.P.C and R.I. for two years under Section 324 I.P.C. Sentences of convicted accused no.1, Anup Kumar Mandal (Cr. Appeal (DB) No. 434 of 1994 (P) ) directed to be run concurrently.

3. The brief facts of the case, as per the statement made in fardbeyan, reads as under:

The informant-Sanjay Kumar Rai (P.W-7) gave his fardbeyan before the Officer-in-charge, Pathargama at 6.15 a.m. on 13.05.1992 that on 12.05.1992 when the examination was over at Pathargama High School, he was accompanying his friend Sanjay Kumar (deceased) for visiting his Fufa’s house but his Fufa was not present at his house so they were coming back from the house of his Fufa. In the midway at Mahagama accused Bipin Kumar Mandal (appellant no.1 in Cr. Appeal (DB) no.457 of 1994) came across to them and took both of them to his sister’s house located at Mahgama. At his sister’s house accused Anup Kumar Mandal and Rajesh Kumar Mandal (appellants in Cr. Appeal (DB) no.434 of 1994) were present from before. At about 5.00 p.m accused Sanjeet Kumar Mandal, (appellant no.2 in Cr. Appeal (DB) no.457 of 1994) brother-in-law of accused Bipin Kumar Mandal expressed his desire for nature call. Thereafter informant and his companion along with all the four accused reached near a pond then accused Sanjeet Kumar Mandal proposed to go to Canadian Hostel. Thereafter all of them started proceeding towards the hostel and when the informant said that he and his companion had to return to Pathargama for their examination on 13.05.1992 all accused persons namely, Bipin Kumar Mandal, Anup Kumar Mandal, Rajesh Kumar Mandal, and Sanjeet Kumar Mandal had surrounded Sanjay Kumar Mandal (the deceased) and assaulted him with Chhura and Dabha. When informant (P.W-7) intervened then accused Anup Kumar Mandal also assaulted him with Chhura on his left wrist, left arm and back. He having raised alarm had left the place of occurrence and reached at Mohanpur Chowk and boarded a truck. The informant came to Pathargama by truck where he was admitted in the hospital by assistance of his friend and compounder. It is further alleged that in morning at Pathagama hospital informant came to know that his friend Sanjay Kumar has been murdered by aforesaid four accused persons.

4. On the basis of the said fardbeyan, F.I.R. was registered being Mahagama P.S. Case No.45 of 1992 for commission of offence under Section 307 /324/302/34 of the INDIAN PENAL CODE .

The police started investigation and on conclusion of the investigation the charge sheet was submitted, whereupon cognizance of the offen