These two appeals arise out of two separate judgments of conviction and orders of sentence all dated 18.08.2007 passed by the learned Additional Sessions Judge FTC - II, Munger in Sessions Trial No.230 of 1999 and Sessions Case No. 230A of 1999, both arising out of Muffasil P.S.Case No. 244 of 1997, by which the two appellants in each of the two appeals were held guilty of committing offence under Section 302 read with 34 of the Indian Penal Code (for short IPC) as also Section 27 of the Arms Act. Each of the four convicts was sentenced to undergo R.I. for life under Section 302 read with 34 IPC and R.I. for three years under Section 27 of the Arms Act. The sentences were ordered to run concurrently.

2. At the very outset, let it be mentioned that these appeals had been heard analogous by a Division Bench of this Court but the learned Judges were divided in their opinion expressed in the order dated 12.03.2015 on the scope and ambit of Section 319(4) of the Code of Criminal Procedure (for short the Code‘), and the result of the appeal (Cr.Appeal (DB) No. 1134 of 2007). The matters have thus been referred to this Bench by Hon‘ble the Chief Justice in terms of Section 392 of