JUDGMENT :

SUDHIR SINGH, J.

Both the appeals are being taken up together as they arise out of the same judgment and order, by which the appellants have been convicted.

2. Both the appeals have been preferred against the judgment and order dated 26.08.1995 passed by the learned IVth Additional District & Sessions Judge, Patna in Sessions Trial No.37 of 1991 arising out of Paliganj P.S. case No.17 of 1989, whereby and whereunder the appellants have been convicted for the offences under Sections 302 read with Section 34 of I.P.C., Section 201 read with Section 34 of I.P.C. and Section 364 read with Section 34 of I.P.C. The appellants have been sentenced to undergo imprisonment for life under Section 302 read with Section 34 of I.P.C., rigorous imprisonment for five years under Section 201 read with Section 34 of I.P.C. and also rigorous imprisonment for five years under Section 364 read with Section 34 of I.P.C. All the sentences have been ordered to run concurrently.

3. Facts in brief which are necessary may be taken note of. It is the case of the prosecution that on 22.09.1989 at about 7:30 A.M., the informant came to know that a dead body was lying in the paddy field situated south of