Madhavendra Saran, J.

1. Cr. Appeal No. 118 of 2004 has been preferred against the judgment and order dated 5.2.2004 passed by Shri Anand Deo Sharma, Additional Sessions Judge, F.T.C.V., Nawada in S. Tr. No. 94 of 2003/48 of 1992 whereby and whereunder he convicted the appellants under sec. 304 Part II read with 34 of the Indian Penal Code (in short as the Penal Code) and sentenced each of them to undergo rigorous imprisonment for ten years. It appears that though the appellants were also convicted under section 307/34 of the Penal Code but no separate sentence was awarded to them.

2. Cr. Revision No. 264/04 has been preferred by the petitioner Mumtaz Ahmad @ Mumtaz for enhancement of sentence awarded to opposite party nos. 2 to 4 i.e. the appellants.

3. This revision has been heard alongwith Cr. Appeal No. 118/04 and this judgment and order shall govern both of them.

4. Prosecution case, in short, is that on 31.10.1991 at about 9.00 AM informants son Md. Ishtehaque @ Nanhu was ploughing his land situated in Pandit Khandha and informant Md. Mumtaz was working in the field. In the meantime, his Gotias Moin Uddin armed with lathi alongwith two sons named Md. Mogis Uddin @ Pap