JUDGMENT :

SUDHIR SINGH, J.

Both these appeals filed in the year 1996, i.e., around 26 years ago, arise out of the same judgment and order. Hence, both these appeals were heard together and are being disposed of by a common judgment.

2. By order dated 30.08.2022, the appeal against Tahir Mian (appellant No.2 in Criminal Appeal (DB) No.63 of 1996) has already got abated. Therefore, Criminal Appeal (DB) No.63 of 1996 is now confined to appellants Taiyab Mian and Mokhtar Mian only.

3. Both the appeals have been preferred against the judgment of conviction dated 20.12.1995 and the order of sentence dated 21.12.1995, passed by the Additional District and Sessions Judge I, Gaya in Sessions Trial No.597 of 1993/76 of 1995, arising out of Atri P.S. case No.142 of 1992, whereby and whereunder all the appellants have been convicted under Sections 302/34 of the Indian Penal Code and appellant Mokhtar Mian has also been convicted under Section 27 of the Arms Act and all the appellants have been sentenced to undergo life imprisonment under Sections 302/34 of the Indian Penal Code and appellant Mokhtar Mian has further been sentenced to undergo R.I. for a period of three years under Section 27 of th