CHAKRADHARI SHARAN SINGH, J.:–Since both these appeals arise of the same judgment and order of the learned Trial Court, they have been heard together and are being disposed of by the present common judgment and order.

2. These appeals have been preferred by the appellants assailing the impugned judgment of conviction dated 12.11.2007 and order of sentence dated 13.11.2007 passed by the learned Additional Sessions Judge F.T.C. 3, Nalanda (Biharsharif) in Sessions Trial No. 666 of 2003 arising out of Asthawan P.S. Case No. 186 of 2001, whereby appellants have been convicted and sentenced as under:—

3. Heard Mr. Vikram Deo Singh, learned counsel with Mr. Rudal Singh, learned counsel appearing on behalf of the appellants in both the appeals, Ms. Shashi Bala Verma, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 1423 of 2007 and Mr. Dilip Kumar Sinha, learned Additional Public Prosecutor for the State in Cr. Appeal (DB) No. 25 of 2008.

4. A written report of the brother of the deceased, Sanjay Kumar, submitted to the officer-in-charge of Bind Police Station on 04.09.2001, is the basis for registration of First Information Report (F.I.R. for brevity). The prosecution's case, as narrated by the informant in the written report, is that in the morning of 04.09.2001 at about 7:00 am, he had gone to pluck vegetables with his brother Munna (Manoj Kumar @ Munna Kumar, P.W.-1) from a garden. His brother, Vipin Kumar (the deceased) was, at that point of time, going towards the field to defecate. At about 7:45 am, when the informant and his brother Munna Kumar (P.W.-1) were returning to their house, the deceased met them. The informant and P.W.-1 suggested the deceased to accompany them to their house to which he told them that he would come later. The informant was, thereafter, sitting with his family members at the doorway of their house when they saw the deceased Vipin Kumar, captured by Kamta Prasad [appellant of Cr. Appeal (DB) No. 1423 of 2007]; and his three sons Jayram Kumar, Rajesh Kumar [appellant of Cr. Appeal (DB) No. 25 of 2008] and Mano Kumar, all of whom were armed with country made rifle, being brought towards their house by them. They were beating the deceased with the butt of a rifle. The persons named in the F.I.R. have been described as “gotiyas” (agnates) of the informant. When the family members of the informant protested to the said misdoings of the persons named in the F.I.R., threatening them of killing the deceased, they forcibly took the deceased towards Bahwa river, situated at south-western side of the village. When the accused persons were forcibly taking the deceased towards the river, the informant and P.W.-1 followed them. The appellant Kamta Prasad thereafter fired twice to scare the informant and his brother (P.W.-1). Despite the gun shots fired by the appellant Kamta Prasad, the informant and his brother Munna Kumar (P.W.-1), kept following the miscreants. The informant, thereafter witnessed the miscreants including these appellants, crossing the river Bahwa in a boat, with the deceased under their captivity. After they crossed the river, on the other side