BAL KRISHNA JHA, J.

1. Both the appeals arise out of the common judgment and order passed on 26th February/2nd March, 2001 in Sessions Case No. 118/98 by the then learned Additional Sessions Judge-Ill, Munger, so they were heard together and are being disposed of by this judgment.

2. All the three appellants have been indicted for the offence under Sections 302 /34 of the Indian Penal Code. and imposed with punishment of life imprisonment. The appellant, Mukund Yadav, has further been indicted for the offence under Section 307 of the Indian Penal Code and Section 27 of the Arms Act and imposed with punishment of 7 years R.I. and three years respectively. The substantive sentences imposed upon the appellant, Mukund Yadav, however, have been ordered to run concurrently. All the three appellants are the sons of the accused, Sridhar Yadav (since dead).

3. The incident happened on 2,5.1997 at 5.45 a.m. near the field of Hulash Yadav in Village Adalpur, P.S.Dharhara, District Munger. At the alleged time the informant, Sahdeo Yadav, PW 6, was proceeding to his house from Basa. When he reached near the field of Hulash Yadav, situated before the bargad tree, the accused, Mukund Yada