Judgment

VENKATARAMIAH, J. :- This is an appeal by special leave against the judgment and order dated August 12, 1975 of the High Court of Patna in Criminal Appeal No. 419 of 1969.

2. The facts of the case are set out in detail in the judgments of the High Court and of the Sessions Court but the few facts which are necessary for the purpose of this appeal are these: The investigation in this case commenced with the receipt of information lodged by Basudeo Kuer (P. W. 2) with the police stating that at about 11.00 A. M. on March 7, 1967 while he (P. W. 2), Jugal Kuer (P. W. 8), Ram Dhari Kuer (P. W. 3) and Sukhdeo (deceased) were sitting near the dera of Vias Kuer (P. W. 9) situated within the jurisdiction of Brahampur Police Station, Sub-Division Buxar, District Shahabad seven persons belonging to village Gayghat, Police Station Brahampur namely Bansropan Singh (A-1), Brahma Singh (A-7), Lakshmi Narain Singh (A-4), Raghunath Singh (A-9), Radhakishun Singh (A-3), Jhakkar Singh alias Sita Ram Singh (A-2) and Jaigovind Mahto (A-8) came towards them variously armed and attacked them and as a consequence of the said attack Basudeo Kuer (P. W. 2), Ramdhari Kuer (P. W. 3), Gulzar Kuer (P. W