JUDGMENT :

Kailash Prasad Deo, J.

Both criminal appeals are arising out of common judgment of conviction and order of sentence, as such both are being heard together.

2. Heard learned counsel for the appellants, Mr. Manoj Kumar Sah and learned counsel for the State, Mr. Pankaj Kumar, Additional Public Prosecutor.

3. Both criminal appeals have been preferred against the common judgment of conviction dated 16.10.1996 and order of sentence dated 17.10.1996 passed in Sessions Case No. 164 of 1995/69 of 1995 by learned 1st Additional Sessions Judge, Godda, whereby both the appellants have been held guilty under Sections 392/397 and 302 of the Indian Penal Code and awarded rigorous imprisonment for 10 years for the offence committed and punishable under Section 392/397 and imprisonment for life for the offence committed and punishable under Section 302 I.P.C. Both the sentences are directed to run concurrently.

4. The prosecution case is based upon statement of the injured, Shyam Sundar Bhagat recorded by S.I, J. M. Ram at Rajkiya Hospital, Meherma on 17.4.1995 at 23.45 Hours, where the informant has stated in presence of his uncle, Naresh Prasad Bhagat that today in the evening after selling