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 on record) is as under :

On 20.12.1980, around 8 a.m., the informant Ramsumer Singh (PW 8), in the company of Sriram Singh (the deceased) was going to Modidih Colliery Office on some election work and when on way they arrived on the road, at a distance of about 50 yards from the Modidih Directors Technical Bungalow, the informant spotted the appellants, co-accused Sakaldeo Singh, Binod Kumar Singh (who died during the pendency of their appeals) and Nagendra Singh (who died during the trial) standing with their Car No. BHW 98 stationed on the west of the road,and Sakaldeo Singh hurled a bomb on Sriram Singh (the deceased), which hit in his abdomen, and thereafter Nagendra Singh and Dun Bahadur Singh threw Bombs, causing injuries to the deceased and the informant too sustained wounds. On alarm, the witnesses arrived and the culprits fled away in the parked car towards Loyabad. The informant, Bhagwan Singh and other witnesses carried Sriram Singh to Loyabad Central Hospital, where the fardbeyan of Ramsumer Singh (PW 8) was recorded by the police officer, attached to Jogta Police Station, on 20.12.1980 at 10.30 a.m. The motive behind the occurrence is alleged to be the previous enmity. On its basis, the formal first information report (Exhibit 2) was drawn up, the investigation was commenced, during investigation, the injured (Sriram Singh) succumbed to the wounds on the next day of the occurrence, around 10.30 a.m., at Dadar Hospital, Dhanbad, and after completion of the investigation, charge-sheet was laid in Court against the appellants and other accused in the case.

4. The main defence is of innocence and false implication. In their statements, recorded under Section 313 of the Criminal Procedure Code, the appellants denied their involvement in the occurrence.

5. At the trial, the prosecution examined as many as 14 witnesses in support of its case. Out of them PW 1 (Dhaneshwar Rai) is a formal witness, whereas PW 9 (Munna Singh), the seizure list witness, has turned hostile. PW 11 (S.M. Safruddin) is the other seizure list witness. PW 3 (Indramani Yadav) is an injured. The other PWs, namely, PW 4 (Chhotan Dhobi), PW 5 (Prabhu Gope), PW 6 (Surat Gope), PW 7 (Surajbali Gope). PW 8 (Ramsumer Singh), the informant, PW 10 (Bhagwan Singh), brother of the deceased (Sriram Singh) and PW 13 (Nanhe Singh) have been declared hostile by the prosecution.

PW 2 is Dr. S.K. Singh, who held autopsy on the dead-body of Sriram Singh. PW 12 (Sri. S.M.A. Imam), the then Judicial Magistrate at Dhanbad, had recorded the dying declaration (Exhibit 5) of injured (Sriram Singh) in the hospital. PW 14 (Sri Devendra Prasad), another Judicial Magistrate, had held test identification parade of non-first information report named co-accused (Bhuneshwar Singh), who was acquitted by