1. The two appellants, Sandeep Kumar Sharma alias Dabha and Pradeep Kumar Sharma have filed the present Appeal against their conviction passed and sentence awarded by the Sessions Judge, Katihar in Sessions Case No. 302 of 1990. Both the appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code and Appellant no. 1, Sandeep Kumar Sharma has been further convicted under Section 302 of the Indian Penal Code. Appellant no. 1 has been awarded life imprisonment under Section 302 of the Indian Penal Code but no separate sentence has been awarded under Section 302/34 I.P.C. Appellant No. 2 has been awarded life imprisonment under Section 302/34 of the Indian Penal Code.

2. The prosecution case in brief is that when the informant, Dilip Kumar Sharma, P.W. 12 along with the deceased Raj Kumar Sharma and other family members was watching the television at this house situate in Mohalla Shiv Mandir Chawk, Bara Bazar, Katihar at about 9 P.M. on 5.8.1990, the appellants at that time came. Appellant no. 2 caught hold the hands of the deceased, Raj Kumar Sharma and Appellant No. 1, Sandeep Kumar Sharma gave him dagger blows on his chest as a result of wh