S.N. JHA and P.N. YADAV, JJ.

There are eight appellants in all in these two appeals. They have been convicted for committing murder of Raj Kumar Gape of Village Pakri within Karai Parsurai Police Station of Nalanda district on 29.6.1987 at about 5 p.m. While seven appellants of Cr. Appeal No. 162/98 have been convicted under Section 302/149 and sentenced to imprisonment for life the sale appellant of Cr. Appeal No. 269/98 has been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life. All of them have also been convicted under Section 148 of the Penal Code but no separate sentence has been awarded there under.

2. Jagdish Gape father of Raj Kumar Gape reported the occurrence to SI Ram Vyas Singh of Karai Parsurai PS at 6.30 p.m. on the date of occurrence i.e. 29.6.1987 at the bank of river Lokain on the outskirts of village Pakari where murder is said to have been committed. He stated in the fardbeyan that he had asked his son Raj Kumar to bring the she-buffalo which had gone towards the river side while grazing. When Raj Kumar reached at the place of occurrence the appellants armed with guns and farsa came out of the maize field of one