R.N.Prasad and A.K.Sinha JJ.

1. All these four appeals have been filed against the judgment and order dated 31.3.1994 passed by 5th Additional Sessions Judge, Siwan in S.T. No. 180/93. They have been heard together and are being disposed of by this common judgment.

2. The appellants in Cr. Appeal Nos. 244/94, 276/94 and 305/94 have been convicted for the offence under Sections 302/34 and 302/120- B of the Indian Penal Code and they have been sentenced to undergo imprisonment for life under each count. They have further been convicted for the offence under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years. The appellant in Cr. Appeal No. 285/94 has been convicted for the offences under Section 302/ 120-B of the Indian Penal Code and sentenced to undergo imprisonment for life.

3. The informant is Ishwar Chandra Chauhan. He is resident of village Akhanpura, P.S. Khukhuna. District Dewaria (U.P.). He was khalasi of a Jeep bearing No. URX 7731. The driver of the said Jeep was Lachhman Vishwakarma. He gave his statement on 18.10.1992 at 6.15 a.m. before the Sub-Inspector of Police of Darauli Police Station, District Siwan that on 17.10.1992 his Jeep was parked on Malviya Road, Dewaria. He and driver Lachhman Vishwakarma were also there. Three persons of his neighbouring village, namely, Barauna and one more their companion came near the Jeep and disclosed that they had to bring a delivery case, sister-in-law, from village Tarwan Parasia , P.S. Darauli and as such they had to hire the Jeep. The driver Lachhman Vishwakarma demanded Rs. 500/- and they agreed to pay. Out of the said amount Rs. 250/- was advanced by a person of Barauna village. They assured that rest of the amount would be paid after return. All the four persons got on the Jeep and the Jeepproceeded to Tarwan Parasia. They reached Selaur Chatti at about 7 p.m. They took tea and again proceed to Tarwan Parasia. They reached Tarwan Parasia at about 8-8.30 p.m. and parked the Jeep in front of their relation as they had disclosed. They except the driver, took meal in the night. The driver slept on the Jeep. He and two of them slept in the room of the house and the rest two slept out side the house. At about midnight he heard sound of groaning and woke up. He did not find the persons who were sleeping with him. He came out of the room and saw that all the four persons who had reserved the Jeep were catching hold of Lachhman Vishwakarma, pressing his mouth and assaulting with dagger. It was moonlit night. He raised alarm but he was threatened on the point of dagger. Hearing the sound of groaning, people of the village came but the aforesaid four persons took the driver inside the house and concealed. The villagers enquired about the matter on which Kailash Kamkar disclosed that they were his guest and were joking. He could not disclose to them anything out of fear. The people returned their house. The aforesaid four persons who had hired the Jeep loaded the driver on the Jeep saying that he was suffering from epilepsy. He was threatened to drive the Jeep. He out of fear started the Jeep and proceeded from village Tarwan Parasia. They directed him to take them to Darauli. He told them that Guthni hospital is near and he proceeded towards Guthni. When the Jeep reached Guthni they directed to take the Jeep to Mairwa. He told them that there was no water in the Radiator and as such he would take water on the Mehrauna bridge and Doctor was also available there. When he was about to reach Mehrauna bridge one of them told to kill him. He was to be assaulted with Chhura but a truck came from the opposite direction and on seeking the light of the truck he concealed the dagger. He got an opportunity and he reached Mehrauna Chauki, stopped the Jeep, went near the police and disclosed that the persons sitting on the jeep had killed the driver. His dead body was on the Jeep. In the meantime one of them succeeded in running away. How