D.N. Patel, J.

1. Both the Criminal Appeals have been preferred by the appellants accused, being aggrieved and feeling dissatisfied with the judgment and order of conviction and sentence dated 1st April, 2010 and 3rd April, 2010 respectively, passed by learned Additional Judicial Commissioner, Fast Track Court-VIII, Ranchi in Sessions Trial No. 252 of 1994, whereby, these appellants have been convicted for the offence punishable under Section 302 to be read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life with a fine of Rs.5,000/-each and in case of default, further simple imprisonment for six months has been imposed, with a direction that 60% of the fine shall go to the widow of the deceased. However, the sentences have been ordered to run concurrently.

2. The case of the Prosecution:

The case of the prosecution is that on 2nd November, 1993 at 04:30 P.M, the informant Bodhan Mahto (P.W-6) gave fardbeyan to police that on 29th October, 1993 at 7:30 P.M. when he was going from his house to the house of one Bhushan Singh, he heard th