R. N. Thakur, S. H. S. Abidi, JJ.

1. Both these appeals arise out of the same judgment and therefore they have been heard together and are being disposed of by this common judgment.

2. It may be stated here that the learned counsel for the appellant has submitted that appellant Bachul Nonia has already been killed and therefore his appeal stands abated.

3. The prosecution case leading to this appeal as stated by P. W.1, the informant is that on 22-12-1979 at about 7.30 a. m. in the morning he (P. W.1)was going to attend the call of nature towards the field in the north of village jamira. His uncle Gupta Singh was going ahead of him with a plough on his shoulder. Baleshwar Yadav (P. W.2), Parmeshwar Kumar (P. W.3) and Doma dusadh (P. W.7) were also going behind him (P. W.1 ). When the deceased (Gupta Singh) came on a bridge this appellant along with Buchul Nonia reached there and on the order of the appellant, Buchul Nonia, fired his pistol on Gupta singh with the result that Gupta Singh fell down and died then and there. Thereafter this appellant alongwith Buchul Nonia field away.

4. On the same day at about 9.15 a. m. P. W.1 went to Arrah Mufassil police Station under whos