Judgment

KHANNA, J.:- This is an appeal by special leave by 13 persons, Ramlagan Singh, Ram Suresh Singh alias Suresh Singh, Ramdutt Singh, Awadh Singh, Ambika Singh, Saligram Singh, America Singh, Ram Nandan Singh, Karoo Singh, Ram Swaroop Singh, Bhondu Singh, Sheodutta Singh and Bali Singh, against the judgment of Patna High Court.

2. The 13 appellants and Kameshwar Singh were tried in the court of Addl. Sessions Judge Gaya for various offences. The main charge was against Ramlagan Singh and Suresh Singh, who are both brothers, for an offence under Section 302 Indian Penal Code for causing the death of Tulsi Yadav. There were also charges under Section 302 read with Section 109, Section 302 read with Section 149, Ss. 324, 147 and 148 Indian Penal Code. The charge under S. 324 related to the injuries caused to Narsingh Yadav PW. The trial court acquitted Kameshwar Singh. Ram Suresh Singh and Ramlagan Singh were convicted under Sections 302 and 148 Indian Penal Code, and each of them was sentenced to undergo imprisonment for life on the former count and rigorous imprisonment for a period of two years on the latter count. Ramdutt Singh was convicted under Section 147 and S. 323 read with Section 109 Indian Penal Code. He was awarded a sentence of rigorous imprisonment for a period of one year on the former count. No sentence was awarded to him for the offence under Section 323 read with Section 109 Indian Penal Code. Karoo Singh was convicted under Section 148 Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years. Ambika Singh, Saligram Singh and America Singh were convicted under Section 323 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year. They were also convicted under Section 147 Indian Penal Code and were sentenced to undergo rigorous imprisonment for a period of one year. Awadh Singh, Ram Nandan Singh, Ram Swaroop Singh, Bhondu Singh, Sheodutta Singh and Bali Singh were convicted under S. 147 Indian Penal Code, and each of them was sentenced to undergo rigorous imprisonment for a period of one year. The sentences awarded to each of the accused were ordered to run concurrently. On appeal the Patna High Court altered the conviction of Ramlagan Singh and Suresh Singh accused from under S. 302 to that under Section 304, Part II Indian Penal Code. Each of these two accused was sentenced to undergo imprisonment for a period of eight years on that count. In other respects, the appeals filed by the 13 accused-appellants were dismissed.

3. The prosecution case is that on August 24, 1965 Tulsi deceased, along with his brother Raj Kumar (PW 9) and Narsingh Yadav (PW 2), proceeded from his village Hasanpur to Dhia market. When they passed near the field of Ramdutt accused in the area of village Baraini, Ramdutt shouted that the enemy was passing that way. On the shout of Ramdutt accused, the other accused who were nearby, came there. Four of the accused, namely, Ramlagan Singh, Suresh Singh, Kameshwar Singh and Karoo Singh were armed with gandasas while the others were armed with lathis. Ramlagan Singh and Suresh Singh then gave gandasa blows on the head of Tulsi. Tulsi fell down and was given further gandasa blows by Ramlagan Singh and Suresh Singh. The other accused, who were armed with lathis, also joined in the assault, Karoo Singh gave a gandasa blow at the back of Narsingh Yadav PW. Narsingh Yadav was also given lathi blows by America Singh, Ambika Singh and Saligram. Narsingh Yadav on receipt of injuries ran away, while Tulsi died at the spot. The occurrence, it is stated, was also witnessed by Tapeshwar Singh (PW 1), Lakhan Singh (PW 3) and Jaglal Yadav (PW 5). These three witnesses were present in the nearby fields at the time of the occurrence. The accused after causing injuries ran away.

4. Raj Kumar PW, accompanied by Tapeshwar Singh PW, went to police station Belaganj at a distance of 8 miles from the place of occurrence and arrived there