Chandramauli Kr.Prasad and Abhijit Sinha JJ.

1. Brahamdeo Mehta, appellant herein, was put on trial for offence under Section 302/34 and 307/34 of the Indian Penal Code along with accused Mantu Mehta, who in addition was charged for offence under Sec.302 and 307 of the Indian Penal Code simplicitor. First Additional Session Judge, Madhepura, by judgment dated 11th of July, 2001 passed in Sessions Trial No. 74 of 1998 held them guilty of offence under Sec.307/34 and 302/34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for life on both the counts. A fine of Rs. 25000/ each was also inflicted on both the counts and in default thereof, they were directed to suffer rigorous imprisonment of two years. Sentences were directed to run concurrently.

2. Aggrieved by the same, both preferred separate appeals. Appeal preferred by Mantu Mehta was registered as Cr. Appeal No. 381 of 2001, whereas appeal preferred by Brahamdeo Mehta has given rise to Cr. Appeal No. 339 of 2001.

3. During the pendency of the appeal, Mantu Mehta died and as such, appeal preferred by him has abated.

4. The prosecution started on the basis of a statement given on 23.10.1994 at 10