Per: SHYAM KISHORE SHARMA, J.

Criminal Appeal (DB) No. 42 of 2005 on behalf of Shiv Prasad Singh, Umesh Singh, Kapil Singh and Akhilesh Singh @ Akhileshwar Singh and Criminal Appeal (DB) No. 71 of 2005 on behalf of Mangroo Singh have been taken up together because both the appeals have arisen out of one judgment and order of conviction dated 03.12.2004 and order of sentence dated 07.12.2004 passed by Shri Pradeep Nath Tiwari, the learned P.O. Additional Court (F.T.C.) No. 1, Rohtas at Sasaram in connection with Sessions Trial No. 18/104 of 1985/2001, whereby all the accused namely, Mangroo Singh, Kapil Singh, Akhileshwar Singh, Shiv Prasad Singh, Umesh Singh have been sentenced to undergo RI for life under Section 302/ 149 of the IPC and also the accused Akhileshwar Singh sentenced to undergo imprisonment for life under Section 307 of the IPC and further the accused Akhileshwar Singh and Mangroo Singh were sentenced to undergo imprisonment for three years under Section 27 of the Arms Act. The sentences awarded against the accused Akhileshwar Singh and Mangroo Singh were directed to run concurrently.

2. The fardbeyan recorded by officer-in-charge of Dinara police station on