JUDGMENT

S.N. Variava, J.-This Appeal is against a Judgment dated 21st May, 1998 by which the Appeal filed by these Appellants has been dismissed. The Appeal, before the High Court was filed by 11 persons, however during the pendency of that Appeal two persons viz. Bijoy Chaudhary and Mohan Chaudhary expired. Thus, this Appeal is filed by the remaining nine persons.

2. Briefly stated the facts are as follows:

On 17th July, 1980 at about 8 P.M. one Krishnanand Chaudhary and his father Nemo Chaudhary were taking their meals on the varandah of their house. The mother and sister of the said Krishnanand Chaudhary were serving the meals. It is the case of the prosecution that the Appellants, along with some other persons came to that place variously armed with lathis, bhala and chhura. It is the case of the prosecution that they assaulted Krishnanand Chaudhary, dragged him into the courtyard of the house and further assaulted him. It is the case of the prosecution that when the mother and the father tried to save him they were also assaulted. It is the case of the prosecution that the Appellants took Krishnanand Chaudhary to a nearby ditch and pushed him down there. Bijoy Chaudhary (who ha