JUDGMENT

 There are six appellants in this appeal. They were tried and convicted for offence punishable under S. 302 read with S. 149 and S. 147, IPC. On the last count no sentence was awarded. On the first count each one of them was convicted and sentenced to undergo imprisonment for life. They preferred an appeal and the same was dismissed by the High Court.

2. The prosecution case is that all the appellants were of Baiswara Community and they were all residents of village Regarh which is near to the outer signal of railway station Bandhwapara. The deceased Somali also belonged to the same village. According to prosecution one Chhutwa of Regarh village died in suspicious circumstances. P.W. 8 sent information of his death but the present accused did not permit the person to go to the police station. Consequently no further proceedings could be taken. The deceased used to say that these persons were responsible for the death of Chhutwa because of enmity between them.

3. Coming to the present occurrence on 10-8-76 at 8-30 p.m. all of them formed into unlawful assembly and surrounded and assaulted the deceased and inflicted injuries. It is stated that all of them were found with lathi