(Per: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA)

1. Above noted both the appeals have arisen out of common judgment, so both have been heard together and are being disposed of by this common judgment.

2. Appellants named above preferred the appeals against the judgment of conviction and order of sentence dated 22.11.2005 and 26.11.2005 passed in Sessions Trial No. 18 of 1992 by the learned Additional Sessions Judge, F.T.C. No. II, Buxar whereby the appellants were convicted under sections 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-.

3. Regarding killing of Bansh Narain Singh the father of the informant (PW 7), fard-beyan of Brij Narain Singh was recorded on 21.7.1991 at 11.45 AM at State Dispensary, Rajpur by A.S.I. of Rajpur Police Station wherein he stated that at about preceding 8.30 AM his mother (PW 4) Thakuri Devi was at her house. At that very time Moti Singh, Basudev Singh and Jawahar Singh were supplying soil on the Sahan land situated in front of his house. They were forbidden by the informant’s mother Thakuri Devi against throwing soil which was retaliated. Moti Singh with lathi