PRASHANT KUMAR, J. :- The present appeal has been filed by the appellants, namely, Prabhas Kumar Singh and Durga Prasad Singh @ Burhan Singh against the judgment of conviction and order of sentence dated 14-8-2000 and 21-8- 2000 respectively passed by 1st Additional Sessions ,Judge. Bokaro at Chas in S.T. No. 15 of 1995 whereby and whereunder, the appellant No.1. was convicted under Section 302, IPC whereas appellant No.2 was convicted under Section 302 read with Section, 109 of the IPC and both the appellants were sentenced to undergo imprisonment for life.

2. The case of prosecution in short as per the fardbeyan of Nun Chand Rewani (P. W.3) is that in the night of 22-1-1993 at about 10 p.m. he along with deceased Ashok Rewani and Rupesh Kumar Rewani had gone to Mahuar Chowk on a Hero Honda motorcycle bearing registration No. BR 20 A-0182. It is further alleged that while they were standing there, appellant No.2, Durga Prasad Singh @ Burhan Singh came and started abusing deceased Ashok Rewani. Whereupon deceased asked him as to why f he was behaving in such manner. Where upon the appellant No.2 became furious and called Prabhas and exhorted him to kill the deceased. It is f