Sudhir Singh, J.—The present criminal appeal has been preferred in the year 1995 i.e. 27 years ago against the judgment of conviction and the order of sentence dated 12.12.1994 passed by the learned Sessions Judge, Gaya in Sessions Trial No. 612/90 (arising out of Barachatty P.S. Case No. 122/87, G.R. case No.2778/87), whereby and whereunder the appellants have been convicted under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life.

2. It is the case of the prosecution as narrated by the informant (P.W.1) in his fard beyan dated 31.10.1987 that owing to the land dispute, the sons of his brother Govind Yadav, namely, Kuleshwar Yadav and Bali Yadav used to threaten him regarding the partition of land even though the matter was already decided with the aid of Panch. The informant further alleged that the maternal uncle of Kuleshwar Yadav and Bali Yadav, namely, Narayan Yadav and Prabhu Yadav called Kuleshwar Yadav, Bali Yadav, Nado Yadav and Rajo Yadav and hatched a plan to kill the informant, after which they sent Kuleshwar and Bali to village Manoharchak for this purpose. The informant further stated that on 30.10.1987, when the informant was washing his mout