S.B.Sinha, J.

1. These two criminal appeals arise out of a judgment of conviction and sentence dated 15.5.1989 passed by Sri Abhay Shankar Prasad, XVth Addl. Sessions Judge, Munger in Sessions Case No. 233 of 1988 whereby and where under the said learned court convicted the appellants of both the appeals under sections 3021 149 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for life and also convicted appellants Diwakar Singh, Subhakar Singh and Sanjay Singh for commission of offence under sections 3 and 5 of the Explosive Substance Act and sentenced each of them to undergo rigorous imprisonment for five years. Appellant Gopal Singh was also found guilty under sec. 147 of the Indian Penal Code; whereas other appellants were found guilty under section 148 thereof, but no separate sentence there for was passed against them.

2. On 2.11.1986 at about 11 a.m., the informant Murari Prasad Singh (P.W. 11) gave his fardbayan before one Bachneshar Thakur, a police officer of Lakhisarai Police Station which was recorded in Subdivisional Hospital, Lakhisarai in relation to an incident which took place at 5.30 a.m. on the same date in village Kachhiama whi