1. Both these appeals arise out of the same case and as such, they are heard together and being disposed of by this common judgment.

2. Two of the appellants in Cr.Appeal No. 228 of 1992, viz., Bhutka Mian and Abdul Sattar have died and by order dated 3.01.2017, the said appeal abated with respect to these appellants. Accordingly, the Cr. Appeal No. 228 of 1992 now survives only with respect to two surviving appellants, namely Nawshad Mian and Siddque Ansari.

3. Heard learned senior counsel for the appellants and learned counsel for the State in both these appeals.

4. The appellants are aggrieved by the judgment of conviction dated 30.06.1992 and order of sentence dated 01.07.1992, passed by the learned Sessions Judge, Deoghar, in Sessions Case No. 44 of 1987, whereby the appellants Nawshad Mian, Siddque Mian, Sattar Mian (since deceased) and Bhutka Mian (since deceased) have been found guilty and convicted for the offences under Sections 302/34 and 148 of the Indian Penal Code, while all the appellants have been found guilty and convicted for the offences under Section 302/149, and the appellants Bhikhu Mian, Karu Mian, Baksu Mian, Naksu Mian and Charku Mian were found guilty and convicted also for the offence under Section 147 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants were sentenced to undergo life imprisonment for the offence under Section 302/149 of the Indian Penal Code and the appellants convicted for the offence under Section 148 of the Indian Penal Code were further sentenced to undergo R.I. for six months, while the appellants convicted for the offence under Section 147 of the Indian Penal Code were further sentenced to undergo R.I. for three months. No separate sentence was passed against the appellants convicted under Section 302/34 of the Indian Penal Code and all the sentences were directed to be run concurrently.

5. The prosecution case was instituted on the basis of the fardbeyan of Safiran Bibi, the mother of the deceased Jabir Mian, which was recorded on 16.11.1986 at 15:30 hours in Referal hospital, Madhupur. She has stated that about 7 to 8 a.m. in the morning, ten accused persons named in the FIR, including the appellants in both these appeals, were taking water from a pond for irrigating their field, which was objected by her son Jabir Mian, stating that fishes in the pond would die. It is alleged that on that objection, suddenly Sattar Mian, Nawshad Mian, Siddque Mian, who were armed with farsa, assaulted her son by farsa on his head and Bhutka Mian, who was having sword in his hand assaulted her son by sword on his leg. On being injured her son fell down. Upon alarm raised by informant, several persons assembled at the place of occurrence. The injured son of the informant was brought to Referral Hospital, Madhupur, for his treatment in unconscious state, where the informant gave her fardbeyan. On the basis of the fardbeyan of the informant, Karon P.S. Case No. 34 of 1986 was instituted for the offence under Sections 147, 148, 149, 323, 324 and 307 of the Indian Penal Code against the named accused persons. After the death of the deceased, Section 302 of the Indian Penal Code was also added. Upon investigation, the police submitted the charge-sheet against the accused persons.

6. After commitment of the case to the Court of Session, charge was framed against the ten accused persons (one of whom, Gaffar Mian died during the pendency of the trial), for the offences under Section 302/149 of the Indian Penal Code and charge was framed against the appellants Nawshad Mian, Siddque Mian, Sattar Mian (since dead) and Bhutka Mian (since dead) also for the offence under Sections 148 and 302/34 of the Indian Penal Code and against the rest accused persons for the offence under Section 147 of the Indian Penal Code, and upon the accused persons' pleading not guilty arid claiming to be tried, they were put to trial.

7. In course of trial nine witnesses were examined on behalf o