H.C. MISHRA, J.

1. All these five appeals arise out of the same impugned Judgment and as such, they were heard together and are being disposed of by this common Judgment.

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

3. The appellants are aggrieved by the impugned Judgment of conviction dated 5.02.2008 and Order of sentence dated 12.02.2008, passed by the learned Additional Sessions Judge, FTC-IV, Deoghar, in S.C. No. 105 of 2006, whereby the appellants Akbar Sheikh and Mansoor Sheikh have been found guilty and convicted for the offence under Section 302 of the Indian Penal Code, and the remaining 12 appellants have been found guilty and convicted for the offence under Sections 302/34 of the Indian Penal Code. Upon hearing on the point of sentence, all the appellants were sentenced to undergo rigorous imprisonment for life with fine of Rs. 5000/- each, for the said offence.

4. The prosecution case was instituted on the basis of the fardbeyan of the informant Wahid Sheikh, the uncle of the deceased Chhotka Sheikh, recorded on 27.09.2005, at about 2.00 PM, near Bihar (Biri) Godown, situated in village Pasia, P.S. Madhupur, District Deoghar, wherein the informant has stated that on the same day, he and his elder brother Usman Sheikh and nephews Chhotka sheikh and Company sheikh were going from their village Lalgarh to Madhupur Bazar, through Pasia Road. At about 11.30 AM, the accused Afzal came out from behind the wall (of the godown), telling that Chhotka Sheikh has arrived, apprehend him, whereupon, the other co-accused persons, who were also concealing themselves there, namely, Karu Sheikh, Kaila Sheikh, Mansoor Sheikh, Sanaul Sheikh, Almuddin Sheikh, Ahmed Sheikh, Saffauddin Sheikh, Murla Sheikh, Manjoor Sheikh, Labarwa Sheikh, Anamul Sheikh, Burhwa Sheikh and Nisar Sheikh came out. Upon seeing them, the nephew of the informant, Chhotka Sheikh, started fleeing away leaving behind his bicycle. In the meantime, Afzal Sheikh and Akbar Sheikh fired pistols upon Chhotka Sheikh, which hit on his back and at a distance of about 25 yards, he fell down. Company Sheikh, the brother of Chhotka Sheikh, tried to save him, but the accused persons threw him in the nearby field. Karu Sheikh, Kaila Sheikh, Sanaul Sheikh, Azmal Sheikh and Murla Sheikh pressed him on the ground, holding his hands, head and legs, and upon the orders given by Afzal Sheikh, Mansoor Sheikh, scaled upon the chest of Chhotka Sheikh and assaulted him on his neck by sword, due to which, he died at the spot. The informant, his brother and nephew fled towards their village, informing the villagers, whereupon several persons arrived there, but by that time the accused persons had fled away. On the basis of the fardbeyan of the informant Wahid Sheikh, Madhupur P.S. Case No. 219 of 2005, corresponding to G.R. No. 618 of 2005, was instituted against all the 16 named accused persons for the offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, and investigation was taken up.

5. The impugned Judgment shows that upon investigation, the police submitted the charge-sheet against 14 accused persons, who have faced the trial, keeping the investigation pending against Afzal and Azmal Sheikh. Evidences were led against them also and they were summoned to face the trial along with the other accused persons, under Section 319 of the Cr.P.C. by the Trial Court below, but they moved the High Court in Cr. Revision, in which, the stay order was passed in their favour. Accordingly, the trial continued only against 14 accused persons, who are the appellants before us.

6. After commitment of the case to the Court of Session, charge was framed against all these appellants for the offence under Sections 302/34 of the Indian Penal Code, and upon the accuseds pleading not guilty and claiming to be tried, they were put to trial. In course of trial, 14 witnesses were examined by the prosecution, including the I.O. and the Docto