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