JUDGMENT :

R. Mukhopadhyay, J.

Heard Mr. Lalit Yadav, learned counsel for the appellants and Mr. Pankaj Kumar, learned P. P. for the State.

2. Since both these appeals arise out of a common judgment, the same are being disposed of by this common order.

3. These appeals have been preferred against the judgment of conviction dated 03.04.2018 and order of sentence dated 04.04.2018 passed by Sri Vijay Kumar, learned 3rd Additional Sessions Judge, Deoghar in S. T. No. 69 of 2009 whereby and whereunder the appellants have been convicted for the offences punishable under Sections 302 and 307 of I.P.C. and have been sentenced to undergo rigorous imprisonment for life under Section 302 of I.P.C. along with a fine of Rs. 5,000/- and in default in payment of fine to undergo simple imprisonment for six months. They have also been sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs. 5,000/- for the offence punishable under Section 307 of I.P.C. and in default in payment of fine to undergo simple imprisonment for six months.

4. The prosecution story in brief is that on 17.09.2008 at 6:00 A.M., the rain water flowing from the house of Titu Mahto had entered into the house of the in