S. P. SINGH, J.:–Under challenge, in the present appeals, are the judgment, dated 11.06.2008, of conviction, in Sessions Trial No. 243 of 1997, by learned Additional Sessions Judge, Fast Track Court No. V, Begusarai, and the order, dated 13.06.2008, whereby various sentences have been passed against the accused-appellants.

2. By the impugned judgment, the learned trial Court has convicted the accused-appellant, Anil Kumar Mahto @ Kunnan Mahto, under Section 302 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The accused-appellant, Siyaram Mahto, has been, under the impugned judgment, convicted under Sections 302 read with 34 of the Indian Penal Code, Section 302 read with Section 114 of the Indian Penal Code and 341 of the Indian Penal Code. So far as the remaining three accused-appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto are concerned, they have been, under the impugned judgment, convicted under Sections 302 read with Section 34 of the Indian Penal Code, Section 302 read with 114 of the Indian Penal Code and 341 of the Indian Penal Code. For his conviction under Section 302 of the Indian Penal Code, the accused-appellant, Anil Kumar Mahto @ Kunnan Mahto, has been sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/0 and, in default of payment of fine, suffer rigorous imprisonment for six months and, for his conviction under Section 27 of the Arms Act, 1959, the accused-appellant, Anil Kumar Mahto @ Kunnan Mahto, has been further sentenced to undergo rigorous imprisonment for three years. For his conviction under Section 302 read with Section 34 of the Indian Penal Code, the accused-appellant, Siyaram Mahto, has been sentenced to undergo imprisonment of life and, pay fine of Rs. 10,000/-, and, in default of payment of fine, suffer simple imprisonment for six months. For his conviction under Section 341 of the Indian Penal Code, the accused-appellant, Siyaram Mahto, has been sentenced to undergo simple imprisonment for one month. For his conviction under Section 302 read with Section 114 of the Indian Penal Code, no separate sentence has been passed against accused-appellant, Siyaram Mahto. For their conviction under Section 302 read with Section 34 of the Indian Penal Code, the three accused-appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto, have been sentenced to undergo imprisonment for life, and pay fine of Rs. 10,000/- each and, in default of payment of fine, suffer simple imprisonment for six months. For their conviction under Section 341 of the Indian Penal Code, the three accused-appellants, namely, Birendra Mahto, Surendra Mahto and Manoj Mahto, have been further sentenced to undergo simple imprisonment for one month. For their conviction under Section 302 read with Section 114 of the Indian Penal Code, no separate sentence has been passed against accused-appellants, Birendra Mahto, Surendra Mahto and Manoj Mahto.

3. The case of the prosecution, as unfolded at the trial, may, in brief, be set out as under:—

(i) On 29.10.1996, at about 11:00 AM, the informant and his son, Birendra Kumar (since deceased), an Advocate in the Civil Court, Begusarai, were going to lodge a sanha before the Sub-Divisional Judicial Magistrate, Begusarai, against accused-appellant, Anil Kumar Mahto @ Kunnan Mahto, and others, in respect of an occurrence, which had taken place on the pervious day, i.e. 28.10.1996. When the informant and his son, on their way to the Court, at Begusarai, to lodge a sanha, happened to pass by the west side of the Old Telephone Exchange Building, they were intercepted, on the western side of Veterinary Hospital, by accused persons, namely, (i) Surendra Mahto (ii) Birendra Mahto (iii) Manoj Mahto (iv) Anil Mahto @ Kunnan, and (v) Siyaram Mahto. All the accused persons surrounded the informant and his son and, on being exhorted by accused Siyaram Mahto, accused Anil Kumar Mahto @ Kunnan, who was holding a pistol in his hand, shot at the sa