DHARNIDHAR JHA and AKHILESH CHANDRA JJ.

1. The two appellants were put on trial by the 12th Additional Sessions Judge, Munger, in Sessions Trial No.112 of 1987 by framing charges under Sections 302/34 and 307/34 of the Indian Penal Code. The learned Judge by his judgment dated 9.6.1988 found the two appellants guilty of the charges framed against them and directed each of them to suffer rigorous imprisonment for life under Section 302/34 of the Penal Code and rigorous imprisonment for 10 years under Section 307 of the Penal Code by order of sentence dated 13.6.1988. The appellants have preferred the present appeal to question the propriety and correctness of the finding of guilt passed against them.

2. P.W. 7, the wife of the deceased Kailash Singh, as per her story, was sleeping in the night of 13.10.1985 in the verandah of her house. Her husband was sleeping in the Angan of the house. At about 12 A.M. three accused persons including the two appellants came there and started assaulting the deceased Kailash Singh with garansa and killed him. P.W. 7 stated that, thereafter, they came near her at the verandah and started dealing blows to her also. She cried and raised an ala