JUDGMENT :

SURYA KANT, J.

1. Surajdeo Mahto (Appellant No. 1) and Prakash Mahto (Appellant No. 2) have laid challenge to the judgment dated 20.05.2010 passed by the High Court at Patna, whereby, the order of their conviction and sentence dated 13.05.1988 passed by the 3rd Additional Sessions Judge, Nawadah was confirmed. Both the Appellants have been convicted for offences under Section 302 read with section 34 of the Indian Penal Code [in short “IPC”] read with Section 120B of the IPC and have been sentenced to life imprisonment for each of the offences. Additionally, Appellant No. 1 has also been convicted under section 364 IPC and has been sentenced to five years of imprisonment for the said offence, with a direction that the sentences will run concurrently.

FACTS

2. The prosecution case, in brief, is that on 05.04.1987, Arun (deceased) and Sunder Prasad (PW-17) were putting up in Arun’s house at Manawan village when Surajdeo Mahto (Appellant No. 1) and Raj Kumar approached Arun and asked him to accompany them to the Cinema at Nawada village. While Arun was reluctant initially to accompany them, he eventually agreed when Appellant No. 1 volunteered to bear the expenses. Upon Arun’s