Judgment

SUBBA RAO, J.: This appeal, by special leave, is directed against the judgment and order of the High Court of Judicature at Patna confirming the conviction of the appellants and the sentence passed against them by the Additional Sessions Judge, Chapra, under S. 304 of the Indian Penal Code.

2. The possession case may be briefly stated. On April 18, 1960, at about 1 p. m. Sheonandan had gone on a bicycle to tola Korra in search of labourers. While he was returning from tola Korra by the village path leading from there to Sahbajpur and then to Nathpur, three of the accused by name Sudama, Chhathu and Nathuni, who were acquitted by the Additional Sessions Judge, came from the eastern side of a well situated to the south of the said village path and began chasing him with lathis and making noise. The rest of the accused, by name Ugar, Chandrika, Mahadeo and Chandan who are the appellants herein, were sitting under a Bar tree to the west of the well, and they emerged with bhalas and pharsas and surrounded Sheonandan. The other accused with lathis also arrived there. Sheonandan threw away his bicycle and ran towards Habibnagar; he was being chased by the 7 accused and at the same