JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. Ms. Vaishnavi Singh, learned counsel submitted that Ms. Babita Kumari, learned amicus curiae is in some personal difficulty. She submitted that if permitted, she may assist the Court in the matter.

2. On query, she stated that on the request made by the learned amicus curiae, she has gone through the paper book and is ready to assist the Court.

3. In view of the submission made by Ms. Vaishnavi Singh, learned counsel, we permit her to assist the Court in the matter as amicus curiae.

4. This appeal is directed against the judgment of conviction and order of sentence dated 27th September, 1995 passed by the learned District and Sessions Judge, Begusarai in Sessions Case No. 65 of 1990 whereby and whereunder the appellants have been held guilty for the offence punishable under Section 302 read with 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

5. The prosecution case in short according to the informant Ramdeo Choudhary (PW-8) is that in the night, intervening between 11.12.1988 and 12.12.1988, he was sleeping at his Bathan with his son Ajay Kumar. At mid-night, four persons came there and tied him to the stand of C