JUDGMENT (13-1-1981)

R. S. SARKARIA, J.:- 2. This appeal by special leave is directed against a judgment, dated May 16, 1974, of the High Court of Patna. It arises out of these facts :

On April 22, 1967 at about 8 p. m., the informant, Surajnath Chaudhary (P. W. 12) was keeping watch on wheat lying in his thrashing floor. About 15 to 20 persons, variously armed, arrived there. He identified 13 out of those persons, who are the appellants herein, apart from one Munshi Ram (since dead).

3. On seeing these persons coming armed. P. W. 12 raised an alarm : "Thief! Thief! However, Ram Ashrit appellant 1, Manki Ram appellant 2, and Kapildeo Ahir appellant 13, surrounded P. W. 12; while their companions started collecting wheat that lay stocked there in a Chadar and bags. While Munshi and Manki were holding P. W. 12, Ram Ashrit dealt a bhala blow on his bead. Ram Ashrit snatched away the single-barrel gun (Ex. 1) from P. W. 12. The gun was already loaded and during the struggle, the gun got fired. Munshi and Manki gave lathi blows to P. W. 12. On hearing the alarm, his brother, Bishwa Nath Chaudhary, cousin Sheo Nath Chaudhary and his co-villagers, Jagarnath Chaudhary and Bhagwan Chaudhary we