As both the aforesaid criminal appeals have cropped up from the same judgment and order of conviction and sentence, hence, they are taken up together for consideration and disposed of by this common judgment.

2. Heard Sri Kanhiya Prasad Singh, learned senior counsel assisted by Sri Pratik Mishra, learned counsel for the appellant (in Cr. Appeal (DB) No. 522 of 2013), Sri Shekhar Singh, learned counsel for the appellant (in Cr. Appeal (DB) No. 594 of 2013) as well as Sri Ajay Mishra and Sri Satya Narayan Prasad, learned Addl. Public Prosecutors in both the appeals.

3. The aforesaid two criminal appeals have been preferred against the judgment and order of conviction dated 17.04.2013 and order of sentence dated 26.04.2013 passed by learned Addl. Sessions Judge-IV, Naugachia in Sessions Trial no. 826 of 2011 arising out of Gopalpur P.S. Case No. 150 of 2011 whereby the learned trial court acquitted the accused Mukul Choudhary of the charges levelled against him and convicted the accused Bipul Choudhary and Amul Choudhary for the offence punishable under Section 302/34 of the Indian Penal Code and further convicted Bipul Choudhary for the offence punishable under Section 27(i) of the Arm