JUDGMENT/ORDER :

Rakesh Kumar, J.

Eleven [11] appellants in Cr. Appeal (D.B.) No. 910 of 2017 and the sole appellant in Cr. Appeal (D.B.) No. 771 of 2017 were tried together and convicted and 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 by this common judgment.

2. This is second round of appeal filed by the appellants in Sessions Trial No. 281 of 1982. The present appeal under Section 374 (2) of the Code Of Criminal Procedure, 1973 [hereinafter referred to as the "Cr.P.C."] has been field against the judgment of conviction dated 8th June , 2017 passed by Shri Om Prakash Rai, learned Sessions Judge, Siwan [hereinafter referred to as "trial judge"] in Sessions Trial No. 281 of 1982 [ arising out of Andar P.S. Case No. 64 of 1982]. By judgment date 8th June, 2017 all the twelve appellants in both the appeals were convicted for the offence under Section 302/149 of the Indian Penal Code, 1860 [ hereinafter referred to as "I.P.C."]. Tarkeshwar Pathak ( A3), Harendra Pathak