JUDGMENT

B.P. Singh, J.-These appeals by special leave are directed against the common judgment and order of the High Court of Judicature at Patna dated 5th September, 2003 in Criminal Appeal Nos. 420 and 489 of 1999. The High Court by its impugned judgment and order affirmed the judgment and order of the 6th Addl. District & Sessions Judge, Chapra dated 13.9.1999 in Sessions Trial No. 136/98 whereby he had sentenced appellant, Nirmal Singh to undergo life imprisonment under Section 302 IPC and to undergo 5 years rigorous imprisonment under Section 27 of the Arms Act. Appellant, Ranjan Singh was sentenced to undergo life imprisonment under Section 302 read with Section 34 IPC and to undergo 5 years rigorous imprisonment under Section 27 of the Arms Act.

Apart from the appellants, two others were put up for trial before the learned Addl. District & Sessions Judge, Chapra, but they have been acquitted by the trial court and no appeal was preferred against their acquittal.

2. The case of the prosecution is that on 14th March, 1997 at about 8.00 p.m. in village Kudar Bagha, 4 persons including the appellants herein came near the house of the deceased. When the deceased emerged from his An