H.C. MISHRA, J.

1. As both these appeals arise out of the same impugned Judgment, they have been heard together and are being disposed of by this common Judgment.

2. Heard learned counsel for the appellants and the learned counsel for the State.

3. The appellants are aggrieved by the impugned Judgment of conviction dated 21st August, 2008 and Order of sentence dated 22.08.2008, passed by the learned Addl. Judicial Commissioner-XVII, Ranchi, in S.T. No. 726 of 2005, whereby, the appellants have been found guilty and convicted for the offences under Sections 147, 148, 427, 452 and 302/149 of the Indian Penal Code. Upon hearing on the point of sentence, the appellants have been directed to undergo R.I. for two years each for the offences under Sections 147 and 148 of the Indian Penal Code, R.I. for one year each for the offence under Section 427 of the Indian Penal Code, R.I. for five years and fine of Rs.1,000/- each for the offence under Section 452 of the Indian Penal Code, and life imprisonment with fine of Rs.5,000/- each for the offence under Sections 302/149 of the Indian Penal Code, and all the sentences were directed to run concurrently.

4. The case relates to the gruesome murder of seven persons, including infant and children in a family, and the prosecution case was instituted on the basis of the fardbeyan of the informant Prakash Mahto, the son of one of the deceased, namely, Mohan Mahto, recorded at his house at village Hazam, P.S. Dhurwa (Tupudana O.P.), District Ranchi, on 28.02.2005 at about 10:00 A.M., wherein he has stated that in the previous night which was a Saturday, at about 10:00 P.M., he was sleeping with his mother Mahadei Devi in one of the rooms in the house. His step-mother and step-brothers were also sleeping in one room, his maternal grandmother was sleeping in the outer room and his father was also sleeping in one of the rooms, when about 16 to 17 persons armed with tangi, balua, tono, dabli (all sharp cutting weapons) came and started forcing them to open the door. When the door was not opened, they scaled the tiled roof of the house and started breaking the tiles and some of them were trying to break the door, whereupon the informant along with his mother opened the door and fled outwards. His mother saw that Binod Mahto of his village was armed with tangi, Mansukoka Mahto was armed with balua, Kandru Mahto was armed with tangi, Ganesh Mahto was armed with dabli, who were trying to break the door. The informant also identified Ghuran Munda, Mundo Mahto, Vijay Mahto, Makru Munda, in the light of the lamp and moonlit night, who were breaking the roof tiles and Etwa Lohra, Kandru Mahto, Suresh Mahto, Ashman Mahto and also other accused persons armed with sharp cutting weapons entering into the house, and he saw the accused persons assaulting his maternal grandmother, father, step mother and four step brothers. Thereafter he fled away. He has stated that on the previous day at about 6:00 P.M., there was a quarrel between his parents and Bhondu Mahto and his wife and the other accused persons were also from their side, and they had also abused and threatened to kill his parents. About one year ago, at the time of construction of the village road, the roof of the house of the informant was damaged by the truck due to which there was some quarrel with the villagers. It is also alleged that two days prior to the occurrence, one goat of Bhondu Mahto had become traceless and Bhondu Mahto and his wife were alleging that the parents of the informant had stolen the goat and had sold it away, due to which there was quarrel between them on the day of occurrence. The informant has alleged that on the instigation of Bhondu Mahto and his wife, the accused persons had assaulted his father, maternal grandmother, step mother and step brothers, by sharp cutting weapons, causing their death. He has also stated that he returned to his house in the morning and found the dead bodies of all the seven persons in the h