(1.) Since both these appeals arise out of the common judgment of conviction and order of sentence, as such with the consent of learned counsel for the parties, they are taken up together and are being disposed of by this common order.
(2.) These appeals have been filed under Sec. 374 (2) of the Code of Criminal Procedure against the Judgment of conviction dtd. 7/12/2004 and Order of sentence dtd. 8/12/2004, passed by learned Sessions Judge, Palamau, in Sessions Trial No.61 of 2003 arising out of Sadar (Town) P.S. Case No.317 of 2002 registered under Sec. 302/34 of the Indian Penal Code and Sec. 27 of the Arms Act whereby and whereunder the appellants have been convicted under sec. 302 of the Indian Penal Code and Sec. 27 of the Arms Act and have been directed to undergo Rigorous imprisonment for life for the offence under Sec. 302 of the Indian Penal Code, further, both the convicts have been directed to undergo Rigorous imprisonment for 3 years for the offence under Sec. 27 of the Arms Act.
(3.) This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.
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