M.L.Visa, J.

1. All these four appeals have been heard together and are being disposed of by this common judgment because all these appeals are directed against the judgment and order dated 17.7.1993 passed in Sessions Trial No. 309 of 1990, 40 of 1992 convicting all the appellants under Section 302/34 of the Indian Penal Code (in short, IPC) and Section 27 of Arms Act and sentencing each of them to undergo imprisonment for life. From the operative portion of the judgment and order of Court below it appears that sentence has been passed for the offence under Section 302/34 and no separate sentence has been passed under Section 27 of Arms Act though not specifically mentioned so.

2. The case of prosecution in short is that on 5.10.1988 informant Dinesh Sah (PW 5) at about 6.00 a.m. came out of his house and proceeded towards bank of Ganga river to attend the call of nature. In the way at a nala on the bank of Ganga river he saw all the five appellants along with co- accused Ramjee Yadav and Bithal Yadav sitting there. Appellants Pandit Yadav @ Rajendra Yadav, Ganesh Yadav and co-accused Ramjee Yadav were armed with pistols. After attending the call of nature when the informa