A.K.Prasad, J.

1. The sole appellant in Cr. Appeal No. 64 of 1989(R) is Panchdeo Singh. Dun Bahadur Singh is the lone appellant in Cr. Appeal No. 65 of 1989(R). Bv the common judgment and order dated 23.12.1988 in S.T. No. 297 of 1981, passed by Sri. S.K. Mishra, the then Additional Sessions Judge, Dhanbad, they have been convicted under Section 302 read with Section 149 of the Indian Penal Code on the charge of constructive liability for committing the murder of Sriram Singh, and sentenced to rigorous imprisonment for life. They have been further convicted under Section 324 read with Section 149 of the Indian Penal Code and Section 148 of the Indian Penal Code and sentenced to rigorous imprisonment for three years, on each count. However, all the sentences have been directed to run concurrently. Both the appeals are being disposed of by this common judgment.

2. It may be stated here that the sole appellant (Sakaldeo Singh) in Cr. Appeal No. 63 of 1989(R) and co-appellant (Binod Kumar Singh) in Cr. Appeal No. 64 of 1989(R) are dead and their appeals have abeted.

3. Briefly stated, the prosecution case, as made out in the first information report (which has not been brought