ORDER By Court Both these appeal arise out of the same F.I.R. They are heard together and are being disposed of by this common judgment. 2. Criminal Appeal No. 996 of 2010 arises out of the judgment dated 8th September 2010 passed by 1st Additional Sessions Judge, Latehar in Sessions Trial No. 13 of 2009 convicting the appellant under Section 302/34 of the Indian Penal Code to undergo R.I. for life. 3. Criminal Appeal No. 964 of 2010 arises out of judgment dated 8.9.2010 passed by 1st Additional Sessions Judge Latehar in Sessions Trial No. 87 of 2008 convicting the appellants under Section302/34 of the Indian Penal Code to undergo R.I. for life. 4. The prosecution case in short is that P.W.-6, informant lodged fardbeyan before the police on 12.08.2007 at 4:30 P.M. to the effect that at about 1:30 P.M. he along with his father-in-law Birber Bhagat (deceased), mother-in-law, Budo Devi (deceased) along with P.W-5, Mahendra Oraon, (Saarhu) were going towards other village. On the way, Jitendra Oraon (being tried separately) and appellant Machhinder Oraon, suddenly appeared from the bushes and pushed Birber Bhagat in the bushes and pressed his neck. Appellant Machhinder Oraon was pressing his legs. On this, Budo Devi tried to save her husband, whereupon appellant Raj Kumar Oraon and appellant Budhu Oraon took her to the bushes and killed her by pressing her neck and causing injury by stone. It is lastly alleged in the F.I.R. that due to land dispute, the said occurrence had taken place. 5. Mr. Krishna Murari, learned counsel appearing for the appellants in both the cases submitted that there is vital contradictions in the manner of occurrence as alleged in the F.I.R., the evidences including the medical evidence. He further submitted that as per informant, he gave his fardbeyan on 13.08.2007, whereas, F.I.R. was recorded on 12.08.2007. He further submitted that the time elapsed after the death as mentioned by the Doctor also does not tally with the time mentioned in the F.I.R. He lastly submitted that I.O. has not been examined in this case which has prejudiced the case of the appellants 6. On the other hand, learned counsel for the State supported the impugned judgment. 7. On the other hand, learned counsel for the State supported the impugned judgment. 7. In the F.I.R. it was alleged that the appellant Machhinder Oraon and one Jitendra Oraon pushed the deceased Birber Bhagat in the bushes and pressed his neck, whereas, Machhinder Oraon kept his legs pressed. Whereas Mahendra Oraon, Sarhu of the informant and projected as eye witness deposed in his evidence that first Jitendra Oraon and then Machhinder Oraon came out from bushes and then Jitendra Oraon pushed Birber Bhagat in the bushes by his neck and pressed his neck while Machhinder Oraon kept his leg pressed. Regarding deceased Budo Devi, in the F.I.R. it was said that appellant Raj Kumar Oraon and Budhu Oraon took her to the bushes and killed her by pressing her neck and by causing injury by stone. But Mahendra Oraon stated in his evidence that deceased Budo Devi was taken into bushes by Raj Kumar Oraon and Budhu Oraon and then she was killed by assault made by stones. The informant Raju Oraon who is other eye witness stated that Mahendra and Jitendra came out from the bushes. Jitendra pushed Birber in the bushes and pressed his neck, while Machhinder was holding his legs. When Budo Devi went to save him, Raj Kumar Oraon and Budhu Oraon came out from the bushes and killed her by taking her to the bushes and pressing her neck and by assaulting her by stones. 8.On the other hand the Doctor has found entry stab injury below left ear of the size 2'x2' bone deep and one depressed injury on left side of forehead on the deceased Birber Bhagat. On dissection, skull was found fractured. According to the Doctor, time elapsed since death was within 24-36 hours. He further opined that death was due to shock and haemorrhage, as a result of the said injuries caused by sharp cutting and hard object. He further stated that injury may be caused by hard blunt pointed and rocky object. On the dead body of deceased Budo Devi, the Doctor found abrasion around whole of the neck and bleeding from neck. On dissection of skull, he found fracture of left side of temporal bone, laceration of brain tissues etc. According to him, time elapsed since death was within 24-36 hours. On the dead body of deceased Budo Devi, the Doctor found abrasion around whole of the neck and bleeding from neck. On dissection of skull, he found fracture of left side of temporal bone, laceration of brain tissues etc. According to him, time elapsed since death was within 24-36 hours. He opined that death was due to shock and haemorrhagem as a result of said injuries caused by hard blunt object and by strangulation of neck and it may be like crushing of skull with stone. 9. Thus, there are vital contradictions in the manner of occurrence as alleged by the prosecution and the injuries found on the body of the deceased Birber Bhagat. Moreover, it was alleged that F.I.R. was lodged on 12.08.2007, whereas, in the evidence, the informant stated that it was lodged on 13.08.2007. The time of death alleged is also not corroborated by the medical evidence. Further in this case, I.O. has not been examined which has prejudiced the case of appellants. He was competent to clarify the said contradictions in the manner and time of occurrence. 10. We are therefore inclined to give benefit of doubt to the appellants. Accordingly, these appeals are allowed and the impugned judgment is set aside. The appellants namely Raj Kumar Oraon, Machhinder Oraon (In Cr. Appeal No. 964 of 2010) and Budhu Oraon (in Cr. Appeal No. 996 of 2010) are directed to be released forthwith, if not wanted in any other case. However this judgment will not prejudice the parties in the trial of Jitendra Oraon.