SHYAM KISHORE SHARMA and DINESH KUMAR SINGH JJ.

1. The three appellants through the aforesaid two appeals have challenged the judgment of conviction and order of sentence dated 25.4.1988 in Sessions Trial No. 775/23 of 1986-88 passed by the learned Additional Sessions Judge-IX Patna, whereby the appellant Udheshwar Singh has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life whereas other two appellants Chandeshwar Singh and Shatrughan Singh have been found guilty under Section 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years each.

2. The prosecution case, as per the fardbeyan of Banke Singh (PW 7), recorded by S.I. Sri R.D. Mishra (PW 9) of Paliganj P.S. on 17.5.1983 at 7.30 p.m. at the door of the informant (PW 7), in an injured condition, is to the effect that the informant (PW 7) alongwith Upendra Singh (PW 3), his uncle Alakh Narayan Singh (PW 4) were sitting at the door of his cousin brother at 4.00 p.m. on 17.5.1983, when, the accused persons wanted to take their tractor loaded with unbaked bricks to the brickkiln through the lane adjacent to the land of informa