Rekha Kumari, J.

1. Both the appeals arise out of the same Sessions Trial No. 102 of 1982/212 of 2001 and as such they have been heard together and this judgment would dispose of both of them. There was one more appeal being Criminal Appeal No. 437 of 2002 arising out of the same Sessions Trial but the sole appellant, in that appeal, namely, Chhotan Singh died during the pendency of the appeal. Therefore, that appeal has abated. Similarly in Criminal Appeal No. 440 of 2002, one of the appellants, namely, Dwarika Singh died during the pendency of the appeal. The appeal so far that appellant also has abated.

2. In the above sessions trial the learned Adhoc District & Sessions Judge-cum-Fast Track Court, Siwan has convicted the appellants named above under Section 302/34 of the Indian Penal Code for committing murder of one Mahadeo Singh and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 5000/-each and in default to undergo rigorous imprisonment for two years.

3. There were four more accused persons in the above sessions case among whom accused Ram Surat Singh, Nanhu Singh, Jagdish Singh died during the pendency of the trial. One accused, namely, Ram