ANJANA PRAKASH, J.

1. The Appellants have been convicted under Sections 302 and 149 Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also under Sections 307/149 Indian Penal Code and Section 27 of the Arms Act but no separate sentence has been awarded under the above two counts by the Additional Sessions Judge, FTC-5, Patna, in Sessions Trial No. 1128 of 2006 and 977 of 2008 vide judgment and order of conviction dated 16.12.2009 and 17.12.2009 respectively.

2. The case of the prosecution, according to PW-3, Rajnesh Kumar, son of PW-8, Parmanand Singh, is that on the date of occurrence i.e. 01.07.2014 at about 6.30 AM while PW-7, Anant Singh, along with Parmannd Singh were present near the Samudayik Bhawan suddenly from the house of the Appellant Vivekanand Singh, he himself, Arbind Singh, Appellant No. 2, Kamlesh Singh and Sanjay Singh emerged armed with AK 47 along with 10-12 unknown persons. Sanjay Singh fired at Anant Singh, whereas, Appellant, Vivekanand Singh, is said to have fired which hit the deceased Umesh Ram, servant of PW-7. He started to run away in an injured condition but fell down at a little distance. Arvind Singh is said to ha