(1.) The instant appeal is against the Judgment of conviction dtd. 28/2/1994 and Order of sentence dtd. 2/3/1994 passed by the 3rd Additional Sessions Judge, Hazaribag in Sessions Trial No.13/1988, whereby and whereunder, the appellants have been convicted for the offence under Sec. 302/34 and Sec. 148 of the Indian Penal Code and directed to undergo imprisonment for life for the commission of offence under Sec. 302/34 of the Indian Penal Code and further to undergo rigorous imprisonment for two years under Sec. 148 of the Indian Penal Code and both the sentences have been directed to run concurrently.
(2.) The prosecution story in brief as per the fardbeyan of one Janardan Kumar Thakur, the informant (P.W.10) is that on 25/11/1986 at about 5:30 p.m., the informant along with his brother Birendra Kumar Thakur (deceased) was coming back having watching a football match from Barkakana Football Ground to his house in village Hehal. In the way, villagers Mathura Singh, P.W.3 and Dewana Kumhar @ Deo Nandan Prajapati, P.W.1 also happened to be with them. It has been stated that at about 6:30 p.m., they reached near Nala of Naiya Ghutuwa Village. The informant was having a torch with two cells in his hand and his brother Birendra Kumar Thakur (deceased) had a torch with three cells and both were coming flashing torch light. It has further been stated that they went a bit ahead of the Nala, the informant found the accused persons, namely, Bhim Singh, Mahendra Singh, Umar Singh, Pavitra Singh, Ashok Singh, Jattu Singh and Doman Karmali and two more persons, namely, Lal Mohan Singh and Pawan Singh were sitting and hiding themselves in the ditch nearby.
(3.) Mr. A.N. Deo, learned counsel appearing for the appellants has raised the following grounds in assailing the judgment of conviction and order of sentence:-
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