Judgment

CHANDRACHUD, J:- The three appellants to this appeal are brothers. They were tried along with the fourth brother, Bankey Singh, under Sec. 302 read with Section 34, Penal Code and for other incidental offences.. The charge against them was that at about 6 p. m. on February 25, 1965 they committed the murder of one Brahmdeo Rai and caused injuries to two others: Ram Swaroop Yadav and Anup Rai . All the four accused were acquitted by the learned Additional Sessions Judge, Monghyr. The appeal filed by the State of Bihar against the order of acquittal was allowed by the High Court of Patna which convicted the appellant Biran Singh under Section 302, Penal Code and sentenced him to imprisonment for life. The appellant Hiran Singh was sentenced to a similar term but under Section 302 read with Section 34. The appellant Hirday Singh was convicted under Section 323 and a sentence of four months was imposed on him. The fourth brother, Bankey Singh, died during the pendency of the appeal in the High Court. This appeal by special leave is directed against the judgment of the High Court.

2. On February 25, 1965 the deceased Brahmdeo Rai had gone to see a wrestling bout in a village call