Jayanandan Singh, J.

1. A common judgment and order of conviction and sentence passed by the 6th Additional Sessions Judge, West Champaran at Bettiah dated 9th September, 2002 in Sessions Trial No. 71 of 2001 is under challenge in both the appeals. By the said judgment and order of conviction and sentence, appellant Sk. Gayasuddin @ Sk. Bhulan of Cr. Appeal No. 641 of 2002 has been convicted under Section 302/149 of the Indian Penal Code whereas appellant Sk. Nasiruddin of Cr. Appeal No. 737 of 2002 has been convicted u/s. 302 of the Indian Penal Code, 1860 . Both have been sentenced to undergo rigorous imprisonment for life. In addition, both the appellants have been convicted u/s. 307 read with sec. 149 of the Indian Penal Code, sec. 27 of the Arms Act and sec. 148 of the Indian Penal Code and have been sentenced to undergo R.I. for seven years, three years and one year respectively. Sentences have been ordered to run concurrently.

2. Prosectulon was lodged on the fardbeyan of one Sk. Abare Alam (P.W.4) recorded at 7.00 P.M. on 24.11.2000 near the house of one Hari Mahto in village Pipara Dubey within the jurisdiction of Majhaulia Police Station in the district of Bettiah