Santosh Hegde, J. - (1.)The appellants, who were accused Nos. 2 to 4, were charged for offence under Section 302, IPC by the First Additional Sessions Judge, Hazaribagh along with one Ishar Yadav, who was A-1 before the said Court. The learned Sessions Judge after the trial on consideration of the evidence held that the prosecution had not established the charge against the first accused and acquitted him while he found the present appellants guilty of the charge punishable under Section 302 and sentenced them to undergo imprisonment for life.
(2.)Their appeal being unsuccessful before the High Court at Patna which found them guilty of the offence punishable under Section 302 read with Section 34, IPC and sentenced them to undergo imprisonment for life. Hence, the appellants have preferred this appeal.
(3.)Brief facts necessary for disposal of this appeal are as follows : On 16-9-1990 at about 4 p.m. one Mahabir Mahto who was grazing cattle near his field was alleged to have been attacked by the appellants and their father, acquitted accused A-1, with axe and lathi. On hearing the cries of the deceased, this incident was noticed by PW-1 Madhwa Devi, daughter-in-law of the deceased, PW-2 Manwa Devi, wife of the deceased, PW-4 Bhiklal Mahto, son of the deceased and PW-5 Nirmal Prasad Yadav, nephew of the deceased. It is the prosecution case that the incident in question was partly noticed by Shital and Kishun who have not been examined in this case. It is also alleged that the deceased who was, at that point of time, alive, was carried by PWs. 4 and 5 to a place near Shiv Mandir in the village which is at a distance of about a kilometer and a half from the place of the incident but before any medical aid could be administered, the deceased is stated to have died.