(1.) Heard the parties.
(2.) It would be proper to mention here that Cr. Appeal (DB) No. 253 of 1995, vide order dtd. 5/4/2022, stands abated in respect of appellant nos.2 to 6 (Surendra Pandey, Surendra Rai, Kanchan Rai, Ram Chandra Pandey and Chandradeo Pandey) because they have already died, however, this appeal is proceeded in respect of appellant no.1, namely, Parsuram Pandey.
(3.) These two appeals have been preferred by the appellants against the judgment of conviction dtd. 21/8/1995 and order of sentence dtd. 22/8/1995 passed by the learned Additional Sessions Judge-I, Gopalganj in Sessions Trial No.249 of 1993/54 of 1993 arising out of Gopalpur P.S. Case No. 54 of 1992 whereby and whereunder the appellant Tribhuan Pandey has been convicted under Sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and the other accused persons have been convicted for life under Ss. 302/149 of the Indian Penal Code. Accordingly, Tribhuan Pandey sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code and to undergo three years rigorous imprisonment under Sec. 27 of the Arms Act and rest of the convicts/appellants are sentenced to undergo R/I for life under Sec. 302/149 of the Indian Penal Code.