JUDGMENT

S.B. Majmudar, J.-Criminal Appeal No. 387 of 1985 on special leave is taken out by accused no. 10 Ram Sanjiwan Singh in Sessions Trial Case No. 195 of 1974 in the Court of 2nd Additional Sessions Judge, Jamshedpur while the companion Criminal Appeal No. 388 of 1985 also by special leave is taken out by accused No. 1 Moti Lal Tiwary, accused No. 4 Malkit Singh and accused No. 6 Ganesh Gwala who were co-accused in the same Sessions Case. Earlier accused Nos. 2, 3 and 5 respectively in the same case had also joined in Criminal Appeal No. 388 of 1985 but as they have died pending this appeal now Criminal Appeal No. 388 of 1985 survives only for accused Nos. 1, 4 and 6 respectively who are the remaining three appellants in this appeal. In these appeals a common judgment rendered by a Division Bench of the High Court of Judicature at Patna has been brought in challenge. The said common judgment was rendered in Criminal Appeal No. 15 of 1976 filed by appellant Ram Sanjiwan Singh, original accused No. 10 before the High Court against whom Criminal Revision Application No. 137 of 1976 was also filed by the first informant seeking conviction under Section 302 Indian Penal Code (in