JUDGMENT

Arijit Pasayat, J.-Fifteen persons faced trial for alleged commission of offences punishable under Section 302 read with Sections 149, 148 of the Indian Penal Code, 1860 (for short the IPC ). Accused No. 9 (appellant No. 5 in the present appeals) additionally faced trial for offence punishable under Section 27 of the Arms Act, 1959 (in short the Arms Act ). Accused No. 2 Mahendra Rai (Appellant No. 8 in the present appeals) who was separately charged for offence punishable under Section 302 IPC was acquitted of the said charge but instead was convicted as afore-noted in terms of Section 302 read with Section 149 IPC. Out of the 15 accused persons, two were acquitted and three died during pendency of the appeals before the High Court.

2. Prosecution version as unfolded during trial and which formed the foundation of the prosecution case is essentially as follows:

3. On 17.8.1983, one Sarjug Rai (hereinafter referred to as the deceased ) lost his life allegedly at the hands of the accused. About 5-6 years preceding the incident when Sarjug Rai was killed there was a partition of the family properties. Kamal Rai was his nephew who nourished serious grudge against his uncle, a