Ashutosh Kumar, J.—Both the appeals have been heard together and are being disposed of by this common judgment.

2. We have heard Sri Akhilesh Pandey and Anirudh Mishra, learned Advocates for the three appellants in the two appeals and Sri Binod Bihari Singh, learned APP for the State. The informant has been represented by Sri Gajendra Kumar Singh, learned Advocate.

3. Appellant/Krishna Chandra Pandey @ Bombai Pandey has been convicted under Sections 302, 307/34 and 380 of the IPC vide judgment dated 15.05.2018 passed by the learned Presiding Officer, Fast Track Court- II, Buxar in Sessions Trial No. 94 of 1995 in connection with Sessions Trial No. 94 of 1995, arising out of Dumrao P.S. Case No. 71 of 1994. By the same judgment appellant/Dhananjay Pandey has been convicted under Sections 302 and 307/34 of the IPC. Likewise appellant/Ramesh Pandey has been convicted under Sections 302/34 and 307/34 of the IPC. Both appellants/Dhananjay Pandey and Ramesh Pandey have been but acquitted of the charge under Section 380 of the IPC. By order dated 17.05.2018 appellant/Krishna Chandra Pandey @ Bombai Pandey [Cr. App (DB) No. 847 of 2018] has been sentenced to undergo life imprisonment, to pay a fine of Rs. 2 lakhs and in default of payment of fine to further suffer S.I. for five years for the offence under Section 302 of the IPC; to undergo R.I. for five years, to pay a fine of Rs. 50,000/- and in default of payment of fine to further suffer S.I. for one year under Section 307/34 of the IPC; to undergo R.I. for six months under Section 380 of the IPC. Appellant/Dhananjay Pandey [Cr. App (DB) No. 1452 of 2018] has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 2 lakhs and in default of payment of fine to further suffer S.I. for five years under Section 302 of the IPC; to undergo R.I. for five years, to pay a fine of Rs. 50,000/- and in default of payment of fine to further suffer S.I. for one year under Section 307/34 of the IPC. Appellant/Ramesh Pandey [Cr. App (DB) No. 847 of 2018] has been sentenced to undergo imprisonment for life, to pay a fine of Rs. 2 lakhs and in default of payment of fine to further suffer S.I. for five years under Section 302/34 of the IPC; to undergo R.I. for five years, to pay a fine of Rs. 50,000/- and in default of payment of fine to further suffer S.I. for one year under Section 307/34 of the IPC.

4. One Lallan Pandey is alleged to have been stabbed to death by the appellants. Two of his sons viz. Satya Narayan Pandey (P.W. 1) and Lakshmi Nivas Pandey (P.W. 3) are also said to have been injured.

5. The occurrence took place on 28.04.1994 in the courtyard of the appellants and the deceased. The fight took place because of the appellants having installed a hand-pump inside the common courtyard which was objected to by the deceased and his family.

6. The fardbeyan was lodged by the deceased himself on 28.04.1994 at Buxar hospital in front of the police officer of Buxar police station. According to him, when he came back home after his official work, the appellants and others were sitting there. No sooner was he spotted by appellant/Krishna Chandra Pandey, he ordered his other associates/family members to kill him. On his orders, appellant/Dhananjay Pandey gave three knife blows on him which hit him in his stomach and back. He has also alleged that appellant/Krishna Chandra Pandey had also assaulted him by knife. Later, when Lakshmi Nivas Pandey and Satya Narayan Pandey (P.Ws. 3 and 1 respectively) came to his rescue, they too were assaulted by Akhilanand (since dead) and appellant/Ramesh Pandey respectively resulting in injuries to them as well. The deceased thereafter claims to have fallen on the ground severely injured. In the meantime, the accused persons entered the house of the deceased and divested his wife of her personal belongings. Some gold ornaments are also said to have been taken away.

7. On the basis of the aforenoted fardbeyan of the deceased Buxar P.S. Case No. 71 of 1994 was