AMARESHWAR SAHAY, J. - (1.) ALL the four appellants have been convicted under Section 302/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life by the Sessions Judge of Singhbhum West at Chaibasa vide judgment dated 20th January, 1997 in S.T. No. 250 of 1995.
(2.) AGAINST the said judgment of conviction and sentence passed by the Sessions Judge, the appellants have preferred the present appeal. The prosecution case in brief is that on 26.10.1994 at about 7 p.m. the informant, Nagi Gagrai (PW 2) was alone in her house situated in village Lavjora Kala. Her husband, Kolai Gagrai (deceased) was standing on Kuccha Road behind her house. In the meantime, the present four appellants and one Pondey Gagrai came to him and thereafter the appellant No. 1, Dibar Gagrai asked from him (Kolai Gagrai) as to why he had entered into his house. After some altercations the appellants assaulting him with fists and blows. The appellant No. 4, Ram Singh Gagrai and appellant No. 3, Tumba Gagrai threw him on the ground and thereafter the appellants, Ram Singh Gagrai and Tumba Gagrai lifted heavy stones from the side of the road and assaulted him with a stone as a result of within a short while he died. On hulla being raised by the informant, the accused persons fled away.
(3.) THE defence case is of falsely implication due to dispute with regard to "NEEM TREE".;