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 guil