JUDGMENT

Pinaki Chandra Ghose, J.

1. These appeals are directed against the judgment and order dated 5th October, 2007 passed by the High Court of Judicature at Patna in Criminal Appeal Nos.122, 92, 98 and 123 of 2003, whereby the High Court while confirming the conviction of the appellants and the sentence of life term, commuted the death sentence of Sheikh Shamsul and Sheikh Gheyas, to imprisonment for life and dismissed the appeals.

2. The brief facts necessary to dispose of these appeals are that on 19.01.1991 at about 6:00 pm, one Askari (since deceased), who happened to be the nephew of the informant (PW14) was at his grocery shop when appellants armed with bomb explosives and guns came near his shop. Appellant Sheikh Shamsul hurled a bomb at the deceased and as a result of the explosion Askari fell down on the Gaddi of the shop. In the meanwhile, appellant Sheikh Ashfaq also attacked him by a bomb which hit him on the chest and exploded and consequently Askari died at the Gaddi itself. Informant’s another nephew, namely, Mohd. Asad, who was at the Flour Mill just opposite the shop of Askari, hearing the sound of explosion came running to the shop and he was also attacked by a b