JUDGMENT

B.P. Singh, J.-This appeal by special leave is directed against the judgment and order of the High Court of Judicature at Patna dated March 4, 2003 in Criminal Appeal No. 366/1997 whereby the appeal preferred by the appellants was dismissed by the High Court, affirming the judgment and order passed against them by the 5th Additional District and Sessions Judge, Rohtas at Sasaram in Session Trial No. 321/1986. Appellant No. 1 Birendra Rai has been sentenced to undergo rigorous imprisonment for life under Section 302 IPC and five years rigorous imprisonment under Section 27 of the Arms Act. Appellant Nos. 2 to 5 have also been sentenced to undergo rigorous imprisonment for life under Section 302/149 IPC. Appellants Govind Rai and Uma Shankar Pandey have also been sentenced to undergo five years rigorous imprisonment under Section 27 of the Arms Act.

2. The occurrence is said to have taken place at about 2 p.m. on the 6th February, 1985, near a bridge on the canal, a little distance away from village Gaura. The case of the prosecution is that deceased Bhola Singh carrying a bundle of pea crop on his head came near the canal from his field when the appellants came near the bridg