JUDGMENT :

ASHWANI KUMAR SINGH, J.

1. The appellants in these two appeals have challenged the judgment of conviction and order of sentence dated 29.07.1993 and 31.07.1993 respectively passed by the learned 9th Additional Sessions Judge, Patna in Sessions Trial No. 60 of 1991 arising out of Khusrupur P.S. 22 of 1990 whereby and whereunder Shankar Paswan and Satyendra Paswan (Appellants in Criminal Appeal (DB) No. 416 of 1993) have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for seven years for the offence punishable under Section 27 of the Arms Act and Awdhesh Paswan, Ganesh Paswan, Lalse Paswan, Dinesh Paswan, Suresh Paswan, Kailash Paswan and Devendra Paswan (Appellants in Criminal Appeal (DB) No. 358 of 1993) have been convicted and sentenced to undergo rigorous imprisonment for life under Section 302/149 of the Indian Penal Code and Devendra Paswan has been further convicted and sentenced to undergo rigorous imprisonment for seven years under Section 27 of the Arms Act.

2. The prosecution case is based on the fardbeyan of Kauleshwar Paswan recorded by R.S. Dubey, Officer In-Charge at Khu