Vipul M. Pancholi, J.—Heard Mr. Y.V. Giri, learned Senior Advocate, assisted by Mr. Pranav Kumar for the appellant in Criminal Appeal (DB) No.1145 of 2018, Kumari Sujata Sinha, learned counsel for the appellant in Criminal Appeal (DB) No.1119 of 2018 and Mr. Sujit Kumar Singh, learned Additional Public Prosecutor for the State.

2. Both the appeals are filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment of conviction dated 10.08.2018 and order of sentence dated 18.08.2018, passed by the court of learned Presiding Officer, F.T.C.-I, Nalanda, Biharsharif in Sessions Trial No.636/2010, arising out of Ashthawan P.S. Case No.31/2010, whereby the court has convicted the appellants for the offences punishable under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act and they have been sentenced to undergo R.I. for life and to pay a fine of Rs.20,000/- (Rs. Twenty Thousand only) for the offence punishable under Sections 302/34 of the Indian Penal Code and in default of payment of fine, the appellants have to undergo R.I. for a period of three years. The appellants are further sentenced to undergo R.I. for three years and to pay a fine of Rs.5,000/- (Rs. Five Thousand only) for the offence punishable under Section 27 of the Arms Act and in default of payment of fine, the appellants have to undergo R.I. for three months. Both the sentences have been directed to run concurrently.

3. As the common judgment of conviction and order of sentence is under challenge, learned counsels appearing for the parties jointly requested that both these appeals be heard together and be disposed of by common judgment. Hence, we have taken up both these appeals together for final disposal.

4. Mr. Y.V. Giri, learned Senior Counsel appearing in Criminal Appeal (DB) No.1145 of 2018 has contended that PW- 6, Runi Devi is the informant, whose fardbeyan was recorded on 06.04.2010 at 07:00 a.m. wherein she has mainly stated that her father is Late Ramdhari Yadav and after her birth, the brother-in-law of her father, i.e., her maternal uncle Saryug Yadav adopted her when she was two years old as Saryug Yadav had no child. She was married to Ram Uchit Yadav in Ali Nagar. When she was 10-12 years old and unmarried, at that time the four sons of her father’s brother, namely, Ranjay Yadav, Sunil Yadav, Anil Yadav and Ramjatan Yadav started pressurizing her father Saryug Yadav to transfer all the land in the name of all of them and they will take care of him. But when her father did not listen to them, the above mentioned four nephews beat her father and broke his leg for which a case of land dispute was also filed which was decided in favour of her father by the court. Her father and mother were threatened to be killed by the above mentioned four nephews for not transferring the land to them. Her father decided to sell all the property of Sakrawan and settle down with her. About a day ago, a nephew of Arvind Yadav from another gotiya fixed the price of the total agricultural land at Rs. 2.5 lakh. When the four sons of late Ghutar Yadav came to know about this, all the four brothers threatened her father that if he sells the land, they will kill him. Her father got scared and went and started living in Ali Nagar. Four-five days ago, Arvind Yadav informed her father to register his land and take the money. Thereafter her father came to village Sakrawan and last night at 1 o' clock her father Saryug Yadav and mother Leela Devi were shot dead while sleeping in the house by the above four nephews of her father. The informant claims that her father and mother have been murdered by Ranjay Yadav, Sunil Yadav, Anil Yadav and Ramjatan Yadav by shooting them so that their property could be usurped.

4.1. Learned Senior Counsel further submits that after registration of the FIR on the basis of the aforesaid fardbeyan, the Investigating Officer carried out the investigation and th