AMARESH KUMAR LAL, J.:–Both these appeals arise out of the judgment and order dated 30.6.1992 passed by the learned 3rd Additional Sessions Judge, Madhepura, in Sessions Case no. 1 of 1988 by which the appellants of Cr. Appeal no. 248 of 1992 have been convicted to undergo rigorous imprisonment for life under Section 302/34 of the Indian Penal Code and the appellant of Cr. Appeal no. 262 of 1992 has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 27 of the Arms Act.

2. The prosecution case, in brief, is that the informant Shivnarayan Mehta (P.W.3) with his brother Jainarayan Mehta (deceased) on one bi-cycle and two co-villagers, namely, Bishundhar Rishideo (P.W.1) and Upendra Mehta (P.W.2) on another bi-cycle were returning to their house on 19.5.1986 at about 7 P.M. from Gwalpara Bazar. When they reached near the orchard of Shyam- village, about 7 to 8 persons came on the road and uttered that they be caught and killed. In the meantime, the appellants, namely, Bishun Mukhiya and Nageshwar Mukhiya dragged Jainarayan Mehta from his bi-cycle and took him to the wes

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