JUDGMENT

Ashwani Kumar Singh, J. - Vide judgment dated 19th September, 1995 passed by the learned Additional Sessions Judge-XII, Patna (for the sake of convenience hereinafter referred to as the 'Trial Court') in Sessions Trial No. 41 of 1991 arising out of Phulwari P.S. Case No. 333 of 1990, the appellants have been held guilty for the offence punishable under Section 302 read with 34 of the Indian Penal Code (for short 'IPC'). Consequently, vide an order dated 20th September, 1995, the Trial Court sentenced the appellants to undergo rigorous imprisonment for life for the offence under Section 302 read with 34 of the IPC.

2. The appellants have preferred the present appeal challenging the aforesaid judgment of conviction and order of sentence.

3. The prosecution case, as narrated by the informant Jawahar Ram in his fardbeyan recorded by Mr. J Bage, an Assistant Sub-Inspector of Police of Pirbahore Police Station, Patna on 15th September, 1990 at about 09:00 AM at PMCH Emergency Ward is that on 14th September, 1990 at about 06:45 PM both the accused persons, namely, Ram Prasad Mehtar @ Ram Prasad Ram and Mukesh Mehtar @ Mukesh Ram together with one Babli Sao son of Bhagat Ram and anot