JUDGMENT :

Sudhir Singh, J.

Heard learned counsel for the appellants and learned A.P.P. for the State.

2. Vide order dated 14.02.2023, on the basis of report submitted by Superintendent of Police, Sitamarhi, the appeal with regard to appellant No.3 Khusi Sah (of Criminal Appeal (DB) No. 374 of 1995) has already abated. Hence, Criminal Appeal (DB) No. 374 of 1995 subsists only against the remaining appellants.

3. Both the criminal appeals arise out of same judgment of conviction and order of sentence, hence they have been heard together and are being disposed of by this common judgment.

4. These criminal appeals have been preferred against the judgment of conviction dated 15.11.1995 and the order of sentence dated 17.11.1995 passed by the learned 2nd Additional Sessions Judge, Sitamarhi in Sessions Trial No.70 of 1993 arising out of Bairgania P.S. case No.55 of 1992, whereby and whereunder the appellants Ram Babu Rai, Ganesh Sah, Hazari Sah, Shambhu Sah, Raghunandan Rai, Ramashrey Sah and Harish Chandra Sah have been convicted under Sections 302 read with 149 of the Indian Penal Code (hereinafter referred to as ‘I.P.C.’). The appellants Shivdhyan Prasad and Shankar Sah have been convicte