Ramnandan Prasad, J.

1. Sheo Kumar Prasad Sharma Alias Prabhat Kumar Singh, appellant of Cr. App. No. 451/87 has been convicted under Sec.302 of the Indian Penal Code (hereinafter referred to as the Code) and has been sentenced to undergo rigorous imprisonment for life. The two appellants of Cr. App. No. 449/87 to writ, Ramjee Pandey and Rambrichh Singh, have been convicted under Sec.302 read with Sec.34 of the Code and have been sentenced to undergo rigorous imprisonment for life. It appears that six more persons were put on trial along with these three appellants, but they have been acquitted by the learned additional Sessions Judge who tried the case.

2. The prosecution case, as disclosed in the fardbeyan of Janardhan Pd. Singh (P.W.7), on the basis of which the present case was instituted, is that on 11-8-1981 in the morning his brother Sadhu Sharan Singh was returning home from Warsaliganj in a bus know as "Sheo Shambhu". This bus happened to reach near Badi More at about 10 A.M. and was forced to stop there as the rond was found cut. As soon as the bus stopped, these three appellants, who were armed with a rifle each entered into the bus and started searching out Sad