JUDGMENT

Faizan Uddin, J.-These two sets of appeals one by the informant Mahendra Rai, cousin brother of the deceased and another by the State of Bihar are directed against the judgment and order of the High Court of Patna passed in Criminal Appeal No. 272 and 307 of 1988 reversing the judgment and order passed by the Additional Sessions Judge (I) Patna at Barh dated 20.5.1988 in Sessions Trial No. 135/1986 whereby the respondent No. 1 Mithilesh Rai was convicted under Section 302 for brutal murder of Arun Rai and sentenced to capital punishment, while the respondents 2 and 3, namely, Madan Rai and Raj Naresh Rai were convicted under Section 302 read with Section 109 IPC and sentenced to undergo life imprisonment and other two co-accused, namely, Rajendra Rai an Ram Das Rai were acquitted.

2. The prosecution case was that in the morning of 17.5.1985 there was some dispute and altercation between the deceased Arun Rai, a boy aged about 12 years and the accused respondent No. 2 Madan Rai on the price of milk. The deceased Arun was insisting to sell the milk at the rate of Rs. 5/- per litre while the respondent Madan Rai was not agreeable for the same. This dispute infuriated the accuse