(ORAL)

Per Amaresh Kumar Lal, J.-Ela Singh @ Akhi1 Kumar Singh and Sone Lal Singh have preferred this appeal against the judgment of conviction and order of sentence dated 5.8.1989 passed by the learned 2nd Additional Sessions Judge, Saharsa in Sessions Trial No. 66 of 1982 by which they have been convicted and sentenced to rigorous imprisonment for life under Section 302/34. IPC and rigorous imprisonment for five years under Section 201/34. IPC Both the sentences have been directed to run concurrently. .

2. According to fard beyan (Ext. 4), the prosecution case. in brief. is that on 26.9.1980 at about 5-6 p.m. the informant Chandra Shekhar Singh (PW 6) sent his son Ghanshyam Singh (deceased) to• tend his cattle towards Bandh. PW 6 went to the Bandh and asked his son to go home. When PW 6 reached to his house at 6 p.m. he did not find his son Ghanshyam Singh (deceased) and thereafter he started searching him. His brother Sri Krishna Singh (PW 1) also went to Rauta and Saharsa to search him but they did not find and as such Sri Krishna Singh (PW 1) went to the police station for giving information. The search was going on. It is further alleged that on 27.9.1980 at about 3.30