JUDGMENT

Ruma Pal, J.-These appeals have been preferred from the decision of the Patna High Court dated 9th January, 1998 dismissing the appeals filed by the appellants against their conviction and sentence by the Additional Sessions Judge, Nawadah under Sections 302/34 of the Indian Penal Code (IPC) and Section 27 of the Arms Act.

2. It is the case of the prosecution that on the night of 22nd March 1987, Kishori Sao (PW 6) along with his brother, Parmeshwar Sao were threshing wheat in their khalihan in village Gangti, P.S. Pakribarawan, District Nawadah. Kishori Sao was operating the threshing machine and his brother, Parmeshwar Sao was bringing the wheat bundles from the khalihan to the threshing machine. Wheat bundles were stocked on the north-east corner of the khalihan . The appellants had concealed themselves behind the wheat bundles. At about 11.30 p.m. to 12.00 p.m. when Parmeshwar Sao went to bring wheat bundles for threshing, he took a lantern with him. He put down the lantern when suddenly Lakhan Sao came out from behind the wheat bundles with a pistol in his hand and grabbed Parmeshwar Sao around the waist from behind. Lakhan Sao told Baldeo Chauhan to shoot Parmeshw