KISHORE KUMAR MANDAL, J.

A-1 (Sumit Mishra), A-2 (Manna Singh) and A-3 (Pankaj Singh) have been convicted under section 302/34 IPC and section 27 of the Arms Act. By the impugned judgment dated 02.05.2013 and order of sentence dated 15.05.2013 passed by the learned Ad hoc Additional District and Sessions Judge-IV, Begusarai in S.T. No. 473 of 2011, they have been sentenced to suffer R.I. for life under section 302/34 IPC with fine having default clause. Additionally, they have also been sentenced to suffer R.I. for five years with fine, having default clause under section 27 of the Arms Act. Both the sentences, however, are directed to run concurrently.

2. The trial emerged out of Matihani P.S. Case No. 49 of 2010 registered on the basis of the written report submitted by Ramchandra Singh @ Naga Singh (P.W. 5) alleging that on 07.05.2010, at about 2:00pm in the noon, when the informant had gone to his land in Diyara to see his field and was returning with the harvested crops (Ajmain) he saw his son Devendra Singh (deceased) tending the she-buffalo in the field at Bhatta Pari Barki Nakti Bandh. Soon he noticed Devendra Singh fleeing away followed by the appellants and three