JUDGMENT

D.K. Jain, J. —

1.This criminal appeal, by special leave, arises out of a common judgment and order dated 3rd September 2004, delivered by the High Court of Judicature at Patna in three Criminal Appeals No.268, 284 and 384 of 2001, affirming the judgment and orders dated 7th June 2001 and 12th June 2001, passed by the Additional Sessions Judge, Bhojpur, convicting and sentencing the present five appellants for various offences.

2.In all, eight persons, namely, Rajeshwar Singh @ Kamta Singh, Nagina Singh, Sheo Jee Singh @ Akshay Singh, Awadhesh Singh, Sikandar Singh, Harendra Singh, Shankar Singh @ Sheo Shankar Singh and Besh Lal Singh @ Bansh Lal Singh were put on trial for having committed the murder of Upendra Singh. Two of the accused, namely, Nagina Singh and Awadhesh Singh died during the course of the trial and were thus, dropped. The learned Additional Sessions Judge convicted accused Rajeshwar Singh under Sections 302 and 307 of the Indian Penal Code, 1860 (“IPC” for short) as well as under Section 27 of the Arms Act, 1959 and sentenced him to undergo rigorous imprisonment for life under Section 302; rigorous imprisonment for ten years under Section 307 IPC and rigoro