JUDGMENT

Santosh Hegde, J.-Two of the original 6 accused persons who were charged for offence punishable under section 302 read with 34, 109, 148, 147, 323 IPC before the 1st Additional Sessions Judge, Giridih are before us in this appeal challenging their conviction and sentence imposed on them by the said trial court as confirmed by the High Court of Judicature of Patna, Ranchi Bench. Brief facts necessary for the disposal of this appeal are as follows :

2. The appellant herein and 4 other accused persons formed themselves into an unlawful assembly armed with lathis and Tangi on 23.6.1980 and went to the field of Ugan Mandal PW-4 when said PW-4 and his cousin Shankar Mandal were ploughing the land situated on the Eastern side of village Karmatand, P.S. Birni, District Giridih and picked up a fight with the said 2 persons. Being afraid of attack on themselves said Ugan Mandal and Shankar Mandal ran away from the said place. The prosecution further alleges that after the said persons ran away, the accused returned back to the village. On the way they met Jhalar Mandal uncle of abovesaid Ugan Mandal who happened to ask them what the matter was. Being enraged by such a question from Jh