VINOD KUMAR SINHA, J.:–All the above three appeals arise out of the judgment dated 09.08.1994 and order dated 11.08.1994 passed by Shri Madhusudan Singh, Additional Sessions Judge-VI, Rohtas, Sasaram in Sessions Trial No. 62 of 1993, as such, they are being taken up together and being disposed of by this common judgment.

2. Appellants in Criminal Appeal No. 398 of 1994 Jhariman Singh @ Sanjiv Kumar Singh, Manoj Kumar Singh and Prem Singh were convicted under Sections 302/34 of IPC and sentenced to undergo Rigorous Imprisonment for life. Appellant Sanoj Singh in Criminal Appeal No.485 of 1994 was convicted under Section 302 of IPC and sentenced to undergo Rigorous Imprisonment for life. Appellant Navin Kumar Singh in Criminal Appeal No. 423 of 1994 has been convicted under Section 216 of IPC and sentenced to R.I. for five years.

3. The facts giving rise to these appeals in short are that an F.I.R. was lodged by PW-8 Baban Singh father of Ravinder Singh (deceased) on 18.09.1992 at about 9:45 PM at Dawat Police Station stating therein inter alia that at about 8:45 A.M. he was going towards eastern ‘Badhar’ to ease himself, he saw that his son in Ganji and Kurta sleeping at the cemented “Chabutra” of Brahma Asthan and when he was returning at about 8:45 A.M and came near Brahma Asthan, he saw appellant Manoj Kumar Singh standing with licensee double barrel gun standing at Brahma Asthan, he tried to go to his village from the south of the Brahma Asthan, he saw appellant Sanoj Singh @ Kesho Singh assaulting his son Ravindra Singh, while his son was sleeping at Brahma Sthan, on his neck by “Dab” and appellant Jhariman Singh @ Sanjiv Singh and his father appellant Prem Singh caught hold the leg and waist of his son Ravinder Singh. Prosecution story is also that he was chased by appellant Manoj Kumar Singh, he fled towards the village and informed about the same to his sons. Further case is that he along with his sons Harendra Singh (PW3), Upendra Singh (PW4), Munna Singh (PW5) and other villagers came near Brahma Asthan, where his son Ravinder Singh was being assaulted and saw his son dead. He had injuries over right chick, ear, neck and head. He has also stated that all the accused persons had already fled away from the spot. As per prosecution story, the reason behind the occurrence is that earlier his son has found the appellant Sanoj Singh @ Kesho Singh in a drunken condition at Brahm Asthan and the same was objected by his son, for which, there was altercation between Sanoj Singh @ Kesho Singh and his son Ravinder Singh (deceased) and his son slapped Sanoj Singh @ Kesho Singh. At that time Sanoj Singh @ Kesho Singh was coming with a double barrel gun of his grandfather, but Yogendra pacified him, however, he threatened his son to teach him a lesson in future and due to that all the accused persons with common intention killed his son, (deceased).

4. On the basis of above statement, Dawat Police Station Case No. 62 of 1992 was registered against Prem Singh, Jhariman Singh @ Sanjiv Kumar Singh, Sanoj Singh @ Kesho Singh and Manoj Kumar Singh. It further appears from the record that in the evening the police raided the house of Navin Kumar Singh as appellant Sanoj Singh and Manoj Kumar Singh were found loitering around the house of appellant Navin Kumar Singh, appellant Navin Kumar Singh was arrested, and as such, Navin Kumar Singh has also been made accused in this case.

5. Police after investigation submitted charge sheet against the appellants. Cognizance of the offence has been taken and case was committed to the Court of Sessions which ultimately traveled to file of Sri Madhusudan Singh, Additional Sessions Judge-VI, Rohtas for trial and disposal.

6. During the trial, appellant Sanoj Singh @ Kesho Singh has been charged under Section 302 of IPC. Appellants Prem Singh, Manoj Kumar Singh and Jhariman Singh have been charged under Sections 302/34 of IPC and appellant Navin Kumar Singh has been charged under Section 216 of IPC.

7. During