JUDGMENT :

SUDHIR SINGH, J.

1. The criminal appeals arise out of common judgment of conviction and order of sentence dated 13.03.1996, hence they have been heard together and are being disposed of by this common judgment.

2. Both the criminal appeals have been preferred against the judgment of conviction and the order of sentence dated 13.03.1996 passed by Shri Dahaur Baitha, 1st Additional Sessions Judge, Begusarai in Sessions Trial No. 59 of 1988/98 of 1995 arising out of Barauni P.S. Case No. 289 of 1986, whereby and whereunder the appellants of both criminal appeals have been convicted under Sections 302/34 of the Indian Penal Code (referred to ‘I.P.C.’) and have been sentenced to undergo imprisonment for life for the offence under Sections 302/34 of I.P.C.

3. The prosecution case, as per the fardbeyan of informant Ramakant Singh (PW-8) recorded by A.S.I. Barauni P.S. on 30.08.1989 at 5:30 p.m. is that while the informant alongwith Sarpunch Rabindra Singh was taking tea at the shop of Md. Akamul by the side of Karichak chowk, his brother Ajay Kumar Singh alias Nunu Singh was coming by cycle from Begusarai after seeing his ailing mother, who was getting treatment in the clinic of Dr