S.B.Sinha, J.

1. These two Criminal Appeals arise out of the judgment, dated 24th March, 1988 passed by Sri M. L. Visa, 2nd Additional Sessions Judge, Giridih in Sessions Trial No. 115/84, whereby and whereunder, the said learned court convicted the appella nts under Sections 302 and 201 of the Indian Penal Code as also under Section 120-B thereof.

2. In Criminal Appeal No. 69 of 1988 (R), Sundar Bhogta, Rewat Bhogta, Terali Mian and Basarat Mian are the appellants whereas in Criminal Appeal No. 77 of 1988 (R) only Lilo Mahto is the appellant.

3. The aforementioned five appellants stood their trial alongwith Tikar Bhogta and Tulsi Bhogta under Sections 302/201, 120-B and 379 of of the Indian Penal Code.

4. The aforementioned Tikar Bhogta and Tulsi Bhogta have been acquitted by the learned court below by the judgment impugned in these appeals.

5. The short fact leading to lodging of the first information report by Munshi Mahto (PW 8) son of the deceased Somar Mahto at 8 a.m on 19-7-1983 is that allegedly Basarat Mian and Tulsi Bhogta (since acquitted) went to the house of Somar Mahto and requested him to accompany them to Jamua Hat where they were to purchase she-buffalo, on