SHYAM KISHORE SHARMA, J.:- As both the above appeals have arisen out of a judgment of conviction and order of sentence dated 25.01.1988 passed by Additional Sessions Judge II, Patna in Sessions Trial No. 92 of 1988, they have been heard together and are being disposed of by this common judgment.

2. By the impugned judgment appellant Lal Bihari Singh alias Lal Bihari Yadav (Cr. Appeal (DB)No. 42 of 1989) was found guilty under Section 302/109 of the Indian Penal Code, whereas, appellant Madan Singh alias Madan lal Singh (Cr. Appeal (DB) No. 93 of 1989) has been found guilty under Section 302 of the Indian Penal Code and both of them have been sentenced to undergo imprisonment for life. Other seven accused persons namely, Surendra Singh, Suresh Singh, Baleshwar Singh, Sidheshwar Singh, Mahesh Singh, Ganesh Singh and Sakaldip Singh who were also put on trial along with these two accused/appellants were not found guilty and they were acquitted.

3. The appeal relates to an occurrence of 24th May, 1987 at 9.00 A.M. wherein Ram Pravesh Singh, elder brother of informant Bijendra Singh (Yadav), sustained injury and was taken to Patna Medical College & Hospital for further tr