JUDGMENT :

RONGON MUKHOPADHYAY, J.

1. Heard Mr. A.K. Kashyap, learned senior counsel for the appellants and Mr. Vishwanath Roy, learned Special P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 31.07.1993 passed by Smt. Shakuntala Sinha, learned 7th Additional Judicial Commissioner, Ranchi in Sessions Trial No. 231 of 1988, whereby and whereunder, the appellants have been convicted for the offence punishable u/s 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Balkahi Ganjhuain (PW-4), wherein it has been stated that on 16.04.1988 at about 8 p.m. her husband Manbodh Ganjhu had gone out to urinate and as soon as he sat down, Bidhku Mahto, Dinesh Mahto, Balku Mahto and Bhunuwa Mahto and another person in a concerted fashion had committed assault upon her husband with Bhujali, Tangi and Bhala which resulted in her husband falling down. When she tried to save her husband Bidhku Mahto had assaulted her with a Tangi and forcibly removed her. Manbodh Ganjhu in an injured state tried to flee, but fell down in the field of Karma Mahto. It has bee