JUDGMENT :

Sujit Narayan Prasad, J.

Since both the appeals arise out of the common prosecution case, as such they are listed together and are being disposed of by this common order.

Criminal Appeal (DB) No. 33 of 1994 (R)

2. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction dated 7th February, 1994 and order of sentence dated 8th February, 1994 passed by learned 3rd Additional Judicial Commissioner, Ranchi, in Sessions Trial No. 440 of 1990, by which the appellants were found guilty of the offence punishable under Sections 302/34 and 201 of the Penal Code, 1860 and were convicted for the offence punishable under Sections 302/34 and 201 of the Penal Code, 1860 and sentenced to undergo life imprisonment for the offence punishable under Section 302/34 of the Penal Code, 1860 and R.I. of seven years for the offence punishable under Section 201 of the Penal Code, 1860. Both the sentences were directed to be run concurrently.

3. As per fardbeyan of the informant, the prosecution case in brief, is that:

In the night of 09.05.1988 (Monday) the informant-Tito Orain (P.W. 1) was talking with her husband-Sahdeo Pahan (deceas