G.C.Bharuka, J.

1. This appeal is directed against the judgment and order dated 2nd May, 1988, passed by the 5th Additional Sessions Judge, Rohtas in S.T. No. 1470/79. There are two appellants in this appeal. Appellant No. 1 (Kashinath Lal Sinha) has been convicted for the offence under Secs. 302 and 324 of the Indian Penal Code and sentenced to undergo R.I. for the life and three years, respectively. Appellant No. 2 (Lalbalu alias Surendral Lal Sinha alias Surendra Kr. Srivastava) has been convicted for the offence under Secs. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act, and sentenced to undergo R.I. for life and three years, respectively. However, the sentences in case of both the appellants have been directed to run concurrently.

2. In this case the F.I.R. (Ext. 6) was drawn up on the basis of the Ward Beyan (Ext. 4) which was lodged by Manika Devi (P.W. 11-A). According to the Fard Beyan (Ext. 4) on 23-10-1978 at about 12 noon both the appellants came to the miscellaneous shop of the brothers of the informant. Appellant No. 1 was having a Bhala in his hand whereas appellant No. 2 was having a country made pistol. Appellant No. 1 entered into the shop and