P.K.Deb and D.P.S.Choudhary JJ.

1. All the three accused appellants were convicted for committing murder of father and son, namely, Ram Swaroop Singh and Mahashwar Singh. Accused appellants 1 and 2 have been convicted under Section 302/34, IPC for causing murder of Maheshwar Singh, while accused appellant No. 3, Ram Das Singh has been convicted under Section 302, IPC for committing murder of Ram Swaroop Singh. All the three appellants have been sentenced to undergo rigorous imprisonment for life. The judgment of conviction and sentence is dated 12-4-1989 passed by the then 4th Addl. Sessions Judge, Patna in S.T.No. 223/82. During the pendency of this appeal, appellant No. 2 Sarifa Singh died and as such this appeal has abated in respect of him. Accused appellants 1 and 2 had been granted bail on subsequent dates by this Court, considering their long stay behind the Bar and the appeal not being heard expeditiously.

2. The prosecution case, in brief, is that on 12-9-1981, the deceased Maheshwar Singh, who was driving a Tum-tum brought accused appellant Ram Ekbal Singh from Barh Railway Station to his house at village Bihari Bigha. The fare of the Tum-tum was agreed upon to be