JUDGMENT

Raju, J.-The above appeal has been filed against the judgment dated 30-7-1999 of a Division Bench of the Patna High Court in Criminal Appeal No. 17 of 1987 confirming the judgment dated 18.12.1986 of the learned 2nd Additional Sessions Judge, Darbhanga, convicting and sentencing the appellants for various offences in Sessions Trial No. 30 of 1983. Of the seven accused, who were charged and stood trial before the Sessions Court, the fifth accused, by name Ram Prasad Yadav, died on 2.7.1994 and during the pendency of the appeal in this Court, the second accused Malhu Yadav died on 5.6.2001.

2. The case of the prosecution is that on 1.2.1981 at about 7.30 a.m., Rajendra Yadav, the informant, (PW-10), who is the brother of the deceased Sotilal Yadav, had gone to see the standing Kerao crop on his land and noticed the first accused Lal Bachan Yadav (A-1), son of Shibu Yadav (A-3), stealthily uprooting the crops, resulting in a scuffle between them when he caught hold of A-1. On hearing the hullas raised at that time both of PW-10 and A-1, the deceased, his father Laxmi Yadav (since deceased) and Ram Kishore Yadav (PW-5) as also the accused and some others, arrived at the spot. I