Mridula Mishra, J.

1. Appellants Madan Gopal Rai and Akshay Lal have been convicted by the 2nd Additional Sessions Judge, Gaya in Sessions Case No. 127/84/48 of 1984 for the offences u/s. 307/34 of the Indian Penal Code by the judgment and order dated 21.12.1987 and have been sentenced to undergo rigorous imprisonment for life. Appellant No. 2 Akshay Lal has further been convicted u/s. 27 of the Arms Act, and sentenced to rigorous imprisonment for five years.

2. The prosecution case in brief is that one Suresh Kumar Tirthani (PW 6) lodged fardbeyan (Ext. 3) on 31.7.1983 at 11 a.m. at Pilgrim Hospital, Gaya alleging therein that he is the brother-in-law of Sadhu Ram Tirthani (PW 4) and also worked as his employee. On 31.7.1983 at 7.45 a.m. he was playing with his nephew in front of his house when Rama Shankar Rai (since dead) and his Munshi Akshay Lal passed through that side on a scooter and after ten minutes Akshay Lal along with Rama Shankar Rai and Madan Gopal Rai arrived there and asked him as to why he laughed on seeing him. Suresh Kumar Tirthani responded that he was laughing with the child and that is no offence. His reply annoyed the accused persons and on apprehend