AMARESH KUMAR LAL, J.:–Both the appeals arise out of the judgment and order dated 8th April, 1991 passed by the learned 2nd Additional Sessions Judge, Muzaffarpur, in Sesstions Trial no. 148 of 1987 by which all the appellants have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and rigorous imprisonment for three months under Section 342 of the Indian Penal Code. The appellant Bharat Singh has been further convicted and sentenced to undergo rigorous imprisonment for one year under Section 379 of the Indian Penal Code. The sentences have been directed to run concurrently.

2. The prosecution case, in brief, is that on 19.10.1986 at about 8 A.M. Baleshwar Tiwari (P.W.2) came to the house of the deceased Bhag Narayan Tiwari, husband of the informant Dharmawati Devi (P.W.3) and stated that the price of a she-buffalo had been materialized and requested him to purchase the she-buffalo. Thereafter, the deceased took Rs. 4,000/- and went with Baleshwar Tiwari (P.W.2) to purchase the she-buffalo from village-Dahila. At about 11 A.M., Baleshwar Tiwari (P.W.2) rushed to the house of the informant in an injured condition and t

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