Judgment

RAY, J.: This is an appeal by special leave against the judgment of the High Court at Patna dated 28 February, 1967 allowing the appeal in part by acquitting Ram Rattan Singh, Sheo Pujan Singh and Ram Nagina Singh and acquitting the remaining accused of the charge under section 447 of the Indian Penal Code and dismissing the appeal by upholding the conviction of those remaining accused under sections 302/149 of the Indian Penal Code and of the appellant and accused Manogi Singh under section 324 of the Indian Penal Code and altering the sentence of death imposed on Rajballam into one of rigorous imprisonment for life.

2. The appellant and seven others are all Gwalas by caste and residents of village Rayapur situated at a distance of 5 miles from Maner Police-station in District of Patna where the occurrence took place. The 8 accused belonged to three different families. The accused Sheo Pujan Singh and Rajaballam are sons of the accused Manogi Singh. The appellant Sheo Mahadeo Singh and accused Ram Nagina are the sons of accused Ram Charan. The accused Ram Rattan is the son of accused Ram Lakhan.

3. The prosecution case in short is that at about 7 A. M. on 23 October, 1965 th