ORDER

These two appeals are directed against the judgment of the Patna High Court in dismissing the Criminal Appeal No. 351/1994 and convicting the Appellants under Section 302 IPC for having caused the murder of one Siaram. The prosecution case in nutshell is that the two accused Appellants came in a motor cycle and after taking the fuel from the petrol pump they started firing at the deceased. The firing by Ajay hit the chest of the deceased while firing from Bacha Singh hit the leg of the deceased. The further prosecution case is that immediately after firing, these people left and the deceased while being carried to the hospital was found dead on the way. It is also the prosecution case that in another motor cycle one Sanjay Singh and Lallan Singh had also arrived there and said Sanjay Singh also fired from his pistol. On these allegations, three accused persons were tried before the learned Sessions Judge. The fourth accused could not be apprehended. Relying upon the evidence adduced, the learned Sessions Judge convicted Ajay and Bacha under Section 302 and convicted Sanjay under Section 302/34. Sanjay preferred an appeal which was registered as Criminal Appeal No. 262/1994 and