ORDER

By the judgment and order dated 16th September, 1992 Additional Sessions Judge, Siwan in Sessions Trial No. 267 of 1991 convicted Krishna Tiwari (accused No. 1) for offence punishable under Sections 302/109 read with Section 111 of the Indian Penal Code (for short the IPC ) and Dadan Tiwari (accused No. 2) for the offence punishable under Section 302 of the IPC for causing murder of Paramhans Tiwari and sentenced both the appellants to undergo imprisonment for life for the aforementioned offences. Dadan Tiwari was also found guilty and convicted for the offence punishable under Section 307 IPC for attempting to commit the murder of Anil Tiwari, son of deceased Paramhans Tiwari and was sentenced to suffer rigorous imprisonment for five years. The sentences were to run concurrently. Against the said judgment the appellants preferred Criminal Appeal Nos. 366 and 395 of 1992 before the High Court of Patna. By judgment and order dated 23rd September, 1994 the High Court maintained the conviction of the appellants under Section 302/109 read with Section 111 and under Section 302 IPC respectively. However, the conviction of Dadan Tiwari (A2) under Section 307 IPC causing injury to A