(1.) Since the issues raised in both the captioned appeals are the same, the appellants are co-convicts and the challenge is also to the selfsame judgment and order passed by the High Court, those were taken up for hearing analogously and are being disposed of by this common judgment and order.
(2.) These appeals arise from the common judgment and order passed by the High Court of Judicature at Patna dtd. 17/7/2013 in Criminal Appeal (DB) No. 202 of 1990 (hereinafter, "the impugned judgment"), by which the High Court dismissed the appeal preferred by the appellants herein and thereby affirmed the judgment and order of conviction passed by the Trial Court in Sessions Case No. 124 of 1989 holding the appellants herein guilty of the offence of murder punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code, 1860 (for short, "the IPC").
(3.) It appears from the materials on record that the investigating officer recorded the statement of one Jagdish Mahato (PW-20), an injured eyewitness, dtd. 20/11/1988, while he was admitted in the hospital, which later came to be reduced in the form of a first information report (Ext. 7). The statement of the PW-20 recorded by the investigating officer dtd. 20/11/1988 reads thus:
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