JUDGMENT

B.P. Singh, J.-The appellants in these appeals, namely, Nandu Rastogi @ Nandji Rastogi and Bal Mukund Rastogi are brothers; They alongwith one Jagdish Chamar and Mohan Singh were put up for trial before the 2nd Additional Sessions Judge, Rohtas at Sasaram, who found the appellants and Jagdish Chamar guilty of the offence under Section 302/34 IPC and under Section 27 of the Arms Act but acquitted Mohan Singh. They were sentenced to undergo imprisonment for life under Section 302/34 IPC and to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. They preferred three appeals before the High Court but by a common judgment and order, the High Court dismissed the appeals and affirmed their conviction and sentence. Three special leave petitions were preferred before this Court but since Jagdish Chamar did not surrender to his sentence, his special leave petition was dismissed by order dated 3rd December, 2001 while special leave to appeal was granted to the appellants herein.

2. The informant Shyam Mohan Rastogi, PW4 is the uncle of the appellants being the cousin of their father. The deceased Shankar Rastogi was the son of the informant PW.4. It is allege