Samarendra Pratap Singh, J.

The instant appeal is filed against the judgment of conviction and order of sentence, both dated 17th December, 1992, passed by the 9th Additional Sessions Judge, Arrah in S.T. No.27 of 1979, whereby all the four appellants were convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life. The appellant Anil Singh was further convicted under section 148 of the Indian Penal Code and section 27 of the Arms Act and sentenced to rigorous imprisonment for three years on each count. However, appellants Umesh Singh, Jagarnath Rai and Baldeo Rai were convicted under section 147 of the Indian Penal Code and sentenced to under go rigorous imprisonment for two years. However, all the sentences were directed to run concurrently.

2. During the pendency of the appeal, the appellants Jagarnath Rai @ Jagarnath Singh, Anil Singh and Baldeo Rai died and as such the appeal as against them abated. The appeal, thus, survived against the appellant Umesh Singh.

3. The prosecution case, as set out in the fardbeyan of Ram Kishun Kahar of village Ekbari, P.S. Sahar recorded by the S.I. O.S. Singh of Sahar P.S. on 7.6.1978 at 8 A.M. at Poli