Judgment

DUTT, J. :- These appeals are directed against the judgment of the Patna High Court affirming the order of the First Additional Sessions Judge, Arrah, convicting all the appellants under Ss. 302/34, IPC and S. 27of the Arms Act and sentencing each of them to rigorous imprisonment for life and rigorous imprisonment for three years respectively and further convicting the appellant Hare Krishna Singh under S. 379 IPC and sentencing him to rigorous imprisonment for three years; all the sentences are to run concurrently. The accused included two persons having the same name Paras Singh, one of Village Dhobaha, brother-in-law of Hare Krishna Singh, one of the appellants in Criminal Appeal No. 690 of 1982, and the other of Village Birampur and nephew of Jagdish Singh, the appellant in Criminal Appeal No. 616 of 1982. We shall hereinafter refer to the said two persons as Paras Singh of Dhobaha and Paras Singh of Birampur respectively.

2. The prosecution case as appearing from the Fardbeyan or the FIR lodged by one Sarabjit Tiwary(P.W. 3), a social worker, on 12-12-1987 in the Arrah Sadar Police Station, was that on that day at about 7.00 a.m. he was going to his brother-in-law Raghu