RAKESH KUMAR, J.

1. The present Appeal was filed on behalf of two appellants under Section 374 (2) of the Code of Criminal procedure, 1973 against the judgment of conviction and sentence passed in Sessions Trial No. 43 of 1985 arising out of Bathnaha P.S. Case No. 33 of 1983 dated 10.04.1983 registered for the offence under Section 302/34/380 of the Indian Penal Code, 1860 and section 27 of the Arms Act by Sri Anil Kumar Verma, learned 2nd Additional Sessions Judge, Sitamarhi. By the said judgment the learned trial judge held the appellant no. 1/Hardeo Jha guilty and convicted him under Section 302 of the Indian Penal Code, 1860 and under section 27 of the Arms Act. The learned trial judge further held appellant no. 2/Siyaram Mahto guilty for the offence under section 302 of the Indian Penal Code 1860 read with Section 34 of the Indian Penal Code, 1860 and sentenced Hardeo Jha to undergo rigorous imprisonment for life for offence under Section 302 of the Indian Penal Code 1860 and to undergo rigorous imprisonment for four years under Section 27 of the Arms Act. Appellant no. 2/Siyaram Mahto was sentenced to undergo rigorous imprisonment for life under section 302/34 of the