Rakesh Kumar, J.

1. Heard Sri Kanhaiya Prasad Singh, learned senior counsel, assisted by Sri Kumar Dhirendra Pratap Singh, learned counsel for the appellant {in Cr. Appeal (DB) No. 1076 of 2010} and Sri Ajay Mishra, learned Addl. Public Prosecutor. Yesterday, when the matter was taken up, there was non-appearance on behalf of appellants in Cr. Appeal (DB) No. 1053 of 2010 and today again, there was non-appearance and as such, for just decision in the matter, the Court requested Mrs. Mayuri, learned counsel to assist the Court as Amicus Curiae and she agreed for the same. Accordingly, we heard her on behalf of appellants in Cr. Appeal (DB) No. 1053 of 2010, as Amicus Curiae.

2. Appellants in aforesaid two appeals were tried together and convicted & sentenced by the common judgment of the trial court and as such, both the appeals were taken up together under the heading "For Hearing" and are being disposed of by this common judgment.

3. The appellant no. 1 Bhajan Yadav (since dead, his appeal stood abated) and appellant no. 2 Beni Yadav {in Cr. Appeal (DB) No. 1076 of 2010} by judgment dated 25-08-2010 were convicted for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 27 of the Arms Act, 1959 (hereinafter referred to as 'Arms Act'), however remaining appellants by the same judgment were convicted for commission of offence under Section 302/149 of the I.P.C. By order dated 27-08-2010, the appellant no. 2 Beni Yadav {in Cr. Appeal (DB) No. 1076 of 2010} under Section 302 of the I.P.C. was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- (twenty five thousand). In case of default in payment of fine, he was directed to further undergo simple imprisonment for six months. Under Section 27 of the Arms Act, the appellant Beni Yadav was further sentenced to undergo rigorous imprisonment for four years. Other appellants, under Section 302/149 of the I.P.C. by order dated 27-08-2010, were sentenced to undergo rigorous imprisonment for life. The sentence, in respect of appellant Beni Yadav, was directed to run concurrently. The judgment of conviction and sentence was passed by the learned Sessions Judge, Madhepura (hereinafter referred to as the 'Trial Judge') in Sessions Trial No. 61 of 1996 (arising out of Murliganj P.S. Case No. 141 of 1991).

4. Short fact of the case is that on 18-08-1991 at 10:00 PM in the night, fardbeyan of Hariballav Yadav (P.W.6) was recorded in the Murliganj Police Station. In the fardbeyan, the informant disclosed that on the same date i.e. on 18-08-1991 at 3:30 PM, he alongwith his brother Surendra Yadav (deceased) on occasion of Ghari festival, had gone to the house of Hari Mehta (P.W.2), resident of village Shishwa, P.S. Murliganj, Distt. - Madhepura on a feast. After taking meal, from the courtyard, he came out and near the door of Hari Nandan Mehta (P.W.2) and while standing he started discussing with Khokha Yadav (not examined), Shyamal Yadav (P.W.3), Ajit Yadav (P.W.4) and Nitya Nand Yadav (P.W.1). Informant's brother Surendra Yadav (deceased) proceeded for his house and while he had moved ahead to some distance, suddenly from the courtyard of Bachi Mehta, 1. Beni Yadav {appellant no. 2 in Cr. Appeal (DB) No. 1076 of 2010}, 2. Bhajan Yadav (died) {appellant no. 1 in Cr. Appeal (DB) No. 1076 of 2010} both carrying gun in their hand, 3. Laxmi Yadav (not appellant), 4. Rami Yadav, 5. Kalanand Yadav, 6. Bijendra Yadav, 7. Jitan Yadav {Sl. 4 to 7 are appellant no. 1 to 4 in Cr. Appeal (DB) No. 1053 of 2010}, 8. Dukhi Rishideo (not appellant), carrying Bow and Arrow in their hands came there. Thereafter, Chandeshwari Yadav {sole appellant in Cr.Appeal (DB) No. 1034 of 2010 and since he died, his appeal stood abated}, who was having no weapon in his hand and was Mukhiya of panchayat, immediately after coming out from the house, exhorted to kill him (Surendra Yadav). While Surendra Yadav (deceased) t