JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Challenge in these appeals is to the judgment of a Division Bench of the Patna High Court upholding the conviction of the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short `IPC') so far as accused Ajeet Kumar Rai @ Ajeet Narayan Rai and Vinay Kumar Rai, appellant No.1 in Criminal appeal 371 of 2006 and Ashutosh Kumar Rai @ Sanjay Kumar Rai, appellant in other Criminal Appeal. Ashutosh Kumar Rai was further charged for committing the murder of Nanda Kumar Singh punishable under Section 302 IPC and Section 27 of the Arms Act, 1959 (in short `Arms Act'). The High Court dismissed the appeals. The present appeals had been filed by Vinay Kumar Rai (A-3) and Ajeet Kumar Rai @ Ajeet Narayan Rai (A-1) and Ashutosh Kumar Rai (A-2). The Presiding Officer, Additional Court No.1, Fast Track Court in Sessions Trial Nos. 578/96 and 1/2001 held Ajeet Kumar Rai and Vinay Kumar Rai guilty under Section 302 read with Section 34 IPC and accused Ashutosh Kumar Rai under Section 302 IPC and sentenced to undergo RI for life. He was also found guilty of offence under Section 27 of the Arms Act and sentenced t