A.K. Sinha, J.

These appeals are being disposed of by this common JUDGMENT : as they arise out of the same JUDGMENT : and this common JUDGMENT : will govern all the four appeals.

2. The appellant, namely, Brahmdeo Yadav @ Bhonu Yadav (Cr. Appeal No. 371 of 1999) has been convicted under section 302 of the Indian Penal Code read with 27 of the Arms Act and has been sentenced to undergo rigorous imprisonment for life and rigorous imprisonment for two years respectively under both the counts. The rest of the appellants have been convicted under section 302/149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for life and they have further been convicted under section 324/ 149 of the Indian Penal Code for which they have been sentenced to undergo rigorous imprisonment for one year each.

3. As per the fardbayan of Naresh Yadav (P.W. 9), the informant of the case which was recorded at Govindpur Hospital on 28.4.1997 at 10.00 a.m., the prosecution story is that the informant alongwith his brother Suresh (deceased) was getting his diesel engine repaired by a Mechanic, namely, Mohan Yadav and while they were busy in the repair works, all t