SHYAM KISHORE SHARMA & MIHIR KUMAR JHA, JJ.:–All these four criminal appeals arise out of of the same occurrence dated 27.02.2004 leading to institution of Sonepur P.S Case no. 18 of 2004 but two separate Sessions Trial namely, Sessions Trial No. 567 of 2004 against the appellant Chulhan Rai, Bali Ram Rai and Jhulan Rai and Sessions Trial No. 904 of 2005 against the appellant Anil Rai ending with two separate judgments of conviction and sentence dated 20.01.2006 and 21.04.2006 respectively, whereby and whereunder, all the aforesaid appellants have been convicted for offence under section 302/149 and 148 of the Indian Penal Code as well as Section 27 of the Arms Act and have been sentenced to undergo Rigorous Imprisonment for life for offence under section 302/149 of the Indian Penal Code as also for three years Rigorous Imprisonment for offence under section 148 of the Indian Penal Code and further to also undergo Rigorous Imprisonment for seven years for offence under section 27 of the Arms Act. All the sentences are however to run concurrently.

2. The prosecution case as set out by Dharmendra Kumar Rai in his Fard Beyan before the police at 11.45 P.M. on 27.2.2004 is that at about

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