(Per: Hon'ble Mr. Justice Ashwani Kunw Singh)

All the four appellants were charged under Section 302 read with Section 34 of the Indian Penal Code. The appellant Om Prakash Paswan has been further charged under Section 302 of the Indian Penal Code and 27 of the Arms Act. The learned 1st Additional Sessions Judge, Munger by judgment dated 27.11.1996 convicted them for the offence they were charged with and after hearing them on the point of sentence by his order dated 28.11 .1996 sentenced appellant Sanjay Paswan, Ramjee Paswan and Binay Paswan to undergo R.I. for life under Section 302/34 of the Indian Penal Code. Tile appellant Om Prakash Paswan has beer sentenced to undergo R.I. for life under Section 302 of the Indian Penal Code. He has further been sentenced to undergo R.I. for five years under Section 27 of the Arms Act. In his case, no separate sentence has been passed under Section 302/34 of the Indian Penal Code. Both the sentences in the case of appellant Om Prakash Pas wan have been ordered to run concurrently.

2. The prosecution case in short as per fardbeyan of Sunil Paswan recorded on 24.12.1994 at 5.15 p.m. is that his nephew Jagarnath Paswan was working as a labo