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 which is situated at about 15 kms. from the aforementioned Police Station, causing death of Bankey Bihari Singh, father of the informant alleging, inter alia, therein as follows:

3. The deceased Bankey Bihari Singh at about 5.30 a.m. on 2.11.1986 had allegedly been going to his house from his Dalan and when he reached near the Bathan of one Anil Singh (P.W. 3), son of P.W. 1 Jwala Singh, which is adjacent east to his Dalan, he was surrounded by his agnates Diwakar Singh, Gopal Singh, Subhakar Singh, Kanhaiya Singh and Sanjay Singh-all sons of Awadh Kishore Singh of the same village. Diwakar Singh, Subhakar Singh and Sanjay Singh allegedly had bombs in their hands; whereas Gopal Singh and Kanhaiya Singh were armed with pistols. Allegedly Diwakar Singh threw a bomb which hit the deceased Bankey Bihari Singh as a result whereof he received injuries and thereupon he started fleeing away. Gopal Singh and Kanhaiya Singh allegedly fired from their pistols as a result whereof the deceased received gun-shot injuries where after, the accused persons fled away towards their home. In the said First Information Report, Rambriksh Singh (P.W. 2), Jwala Pd Singh (P.W. 1), Anil Kumar Singh (P.W. 3) and Anand Singh (P.W. 8) were named as eye-witnesses. While Bankey Bihari Singh was being removed 10 Lakhisarai Hospital in an injured condition, he died at a place between village Bikra and Morma. The motive attributed on the part of the appellants for commission of the said offence is said to be the land dispute arising out of partition of the properties. The said fardbayan was marked as Exhibit 5.

4. In relation to same incident, another First Information Report was lodged by appellant Kanhaiya Singh which was recorded by the aforementioned Bachneswar Thakur at about 11.30 a.m. at the Subdivisional Hospital Lakhisarai on the same day wherein inter alia it was alleged that while the said appellant had been washing his mouth near a tubewell, after answering the call of the nature, Anil Singh (P.W. 3) armed with a pistol, Lalan Singh armed with a gun, Sunil Singh armed with a gun, Nandlal Singh armed with a bomb, Arbind Singh armed with a bomb and Murari Singh (informant) armed with a bomb surrounded him. Murari Singh allegedly started firing at him from a double barrel gun from his house. Anil Singh fired a shot which allegedly hit him on the right side of his pelvic region. It was also alleged therein that Bankey Bihari Singh who had also been washing his hands at that time, was hit by a bullet fired by Lalan Singh.

5. According to appellant Kanhaiya Singh, at the place of occurrence many bombs were exploded and many shots were fired. In the said First Information Report also, the motive for the said occurrence has been said to be land dispute. The aforementioned fardbayan