JUDGMENT

Thomas, J.-This six appellants before us were among the 14 accused arrayed in the Sessions Court indicted for the murder of one Ramdeo Yadav during the wee hours on 30th October, 1975. Although the Sessions Court convicted all the thirteen accused of the offences of rioting and murder (with the aid of section 149 IPC) the High Court confirmed the conviction only in respect of the seven appellants before us. They have been sentenced to imprisonment for life for the offence of murder and to rigorous imprisonment for two years for the offence under Section 148, Indian Penal Code.

2. Facts are simple : Deceased Ramdeo Yadav and his son Gajendra Yadav (PW 8) after their dinner at home went to a nearby field presumably for watching the crop thereon. Deceased went to sleep on a wooden plank in one field while his son (PW 8) slept in the adjoining field. Some time after midnight these appellants and few others came to this place armed with lethal weapons such as spears (bhala) and gupti and surrounded Ramdeo Yadav, dragged him out and showered bloody assault on him with the weapons. Gajendra Yadav (PW 8) on hearing the sound of a commotion woke up and rushed to the scene with his to