JUDGMENT

K.S. Paripoornan, J. - The appellants in this appeal, Prem Kumar Singh @ Prem Singh S/o. Chandrika Singh, arc Accused Nos. 1 and 2 in Sessions Trial No. 219 of 1983, Additional Sessions Judge, Palamau. They have filed this appeal against the affirmance of their conviction under section 302 of Indian Penal Code, by the Patna High Court, Ranchi Bench, Ranchi, by Judgment dated 8.9.1989. The above two accused, along with one Mundrika Singh, Accused No.6, father of Accused No.1 Prem Singh, and eight others were charge-sheeted to stand Sessions Trial for the murder of one Tarkeshwar Prasad Singh on 13.1.1983 at 6.30 p.m. at a place known as Ketat. Acused Nos. 1 and 2 were charged for offence under section 302 read with section 34 IPC for causing the murder of Tarkeshwar Prasad Singh. They were also charged for offence under section 307/34 IPC for attempting to cause murder of Ghanshyam Banguri and Rajnath Tewari, two co-passengers, who boarded the bus along with Tarkeshwar Prasad Singh. The remaining nine accused persons were charged for offences under section 302/149 IPC. Accused No.6 Mundrika Singh was charged for offence under section 147 IPC also, whereas the ten other accused persons were further charged for offence under section 148 IPC read with section 27 of the Arms Act. All the accused persons pleaded not guilty for each of the charges framed against them. The defence plea was that the Tarkeshwar Prasad Singh in the bus, belonging to. Santosh Transport Company, might have been caused at the hands of some unknown dacoits and the accused persons have been falsely implicated by the informant because of long drawn enmity between the parties. The plea of alibi was also put forward by Accused No. 6 Mundrika Singh, Accused No.1 Prem Singh, Accused No. 10 Raja Dixit and Accused No.7 Muni Dixit. On an analysis of the entire evidence in the case, the Additional Sessions Judge, Palamau, by judgment dated 9.6.1987, held that on instigation given by Accused No.6 Mundrika Singh to Kill Tarkeshwar Prasad Singh, the deceased, Accused No.1 Prem Singh and Accused No.2 Ramesh Singh intentionally caused the death of Tarkeshwar Prasad Singh by firing at him with their rifles in consequence of which Tarkeshwar Prasad Singh died instantaneously on the spot. It was also found that in the same act, Accused Nos. 1 and 2 also caused rifle shot injury on P.Ws. 5 and 6 knowing fully well that in the circumstances, by their act of firing inside the bus, it was likely to cause the death of other passengers also and such act was an attempt to commit murder of P.Ws. 5 and 6. The Sessions Judge came to the conc1usion that there is absolutely no evidence of any other attack by the remaining accused persons (other than Accused Nos. 1, 2, and 6). The offence under section 27 of the Arms Act was also not proved against such persons In the result Accused No.6 Mundrika Singh was found guilty under section 302 read with section 34 IPC and convicted thereunder. Accused Nos. 1 and 2 were found guilty for offence under section 302 IPC for causing the murder of Tarkeshwar Prasad Singh and they were convicted thereunder. They were also found guilty for offence under section 307 IPC for attempting to commit the murder of P.Ws. 5 and 6 and were accordingly convicted. Except accused Nos. 1, 2 and 6, the other accused were not found guilty for any of the charges framed against them and they were acquitted and discharged from the liability of their respective bail bonds. Accused Nos. I and 2 were sentenced to imprisonment for life under section 302 IPC. Accused No.6 was also sentenced to imprisonment for life under section 302 read with section 34 IPC. Accused Nos. 1 and 2 were further sel1tenced to undergo rigorous imprisonment for seven years for their conviction under section 307 IPC. It was further held that both the sentences passed against the Accused Nos. 1 and 2 shall run concurrently. Accused Nos. 1, 2 and 6 filed Criminal Appeal No. 90 of 1987 before