JUDGMENT

Santosh Hegde, J.-The appellants in these two appeals were accused Nos. 1, 2 and 5 in the Court of VI Additional Sessions Judge, at Sasaram in Sessions Trial No. 356 of 1991. Originally, along with the appellants, two other persons were charged for an offence under Sections 396 and 436 IPC as also under Section 27 of the Arms Act, and all the said accused persons were sentenced to life imprisonment under Section 396 IPC, for 10 years under Section 436 read with 34 IPC and for 5 years under Section 27 of the Arms Act, and the sentences were directed to run concurrently. During the course of the trial, learned Sessions Judge felt that there was sufficient material to try 3 other persons, namely, Brij Lal, Parash Singh and Hari Shankar Singh, accordingly invoking the provisions of Section 319 of the Cr.P.C. They were also directed to face trial under the abovesaid charges. The prosecution case in brief is that on the intervening night of 27th and 28th May, 1990, the appellants along with other named accused persons and some others barged into the house of Kapil Muni Singh with an intention of causing dacoity and in the said process, caused the death of Kapil Muni Singh and his