NAVANITI PRASAD SINGH, J.:–These two appeals have been filed by the two appellants Gajendra Pandey and Md. Muslim who have been convicted under Sections 302/34 and 302 of the Indian Penal Code respectively and sentenced to imprisonment for life by the learned 2nd Additional Sessions Judge, Bhagalpur in Sessions Trial No. 157 of 1987.

2. We have heard Shri Ajay Kumar Thakur learned counsel for the appellant Gajendra Pandey, Shri Praveen Kumar, learned counsel for the appellant Md. Muslim and Shri Ajay Mishra learned APP for the State for both the appeals.

3. We have perused the records and the judgment of the trial court.

4. The appellants have been charged with murder of one Umesh Chandra Pandey. Md. Muslim has been charged under Section 302 of the Indian Penal Code for having shot Umesh Chandra Pandey. Gajendra Pandey was supposed to be there. It may be noticed that at trial there were four other persons also who were put on trial and therefore, initially the charge was under Section 302/149 of the Indian Penal Code but the trial court has acquitted the other four persons and therefore, the necessity was there to convict Gajendra Pandey with aid of Section 34 IPC.

5. Upon perusal of t

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