JUDGMENT

N.N. Singh & D.P.S. Choudhary, JJ. - This appeal is directed against the judgment of conviction and order of sentence dated 6th September, 1986 by 3rd Additional Sessions Judge, Purnea in Sessions Trial No. 246 of 1984 by which both the appellants were convicted under Sections 302/34 of the Indian Penal Code and were sentenced to undergo imprisonment for life. One accused Pagla Singh @ Dularchand Singh was acquitted of all charges, giving him benefit of doubt and these two appellants, who were also charged for committing murder of Ram Saran Singh, were held not guilty by the Trial Court and were acquitted of said charge by the same judgment.

2. Shortly stated, the case of prosecution, as disclosed in the Fardbeyan (Ext. 5) of PW 4, informant Darogi Singh, was that on 15-7-1983, about 4.00 p.m. when he was purchasing vegetables in Khabaspur Hat along with Prithvi Singh (since dead), he was informed by a woman that dead-bodies of a male and a female were lying in the way and two children were there who were weeping and then he went towards Kabilashi village and in north of Kabilashi village he found the dead body of Ram Saran Singh and injuries on his neck, chest, side of ch