JUDGMENT :

1. Cr. Appeal No. 173/2009 wherein Prabhu Chaudhary is the appellant and Cr. Appeal No. 196/2009 wherein Durga Choudhary, Ramayan Chaudhary, Baban Choudhary are the appellants, as arise out from common judgment of conviction dated 06.02.2009, order of sentence dated 10.02.2009 passed by Additional Sessions Judge-FTC-1st, Buxar in Sessions Trial No. 63/2007 whereby and whereunder, appellant, Baban Choudhary has been found guilty for an offence punishable under Section 307 IPC and sentenced to undergo RI for 7 years, remaining under Section 307/34 IPC and sentenced to undergo RI for 7 years, appellants, Durga Choudhary and Ramayan Choudhary have further been found guilty for an offence punishable under Section 379 IPC and sentenced to undergo RI for one year with a further direction to run the sentences concurrently, on account thereof, have been heard together and are being decided by a common judgment.

2. In Cr. Appeal No. 173/2009, learned counsel for the appellant is present but due to non appearance of counsel on behalf of appellants of Cr. Appeal No. 196/2009, Sri Baban Roy, learned Advocate, who is present in the Court, has been requested to assist as an Amicus Curiae