Judgment

Anand, J.—This appeal under Section 2 (a) of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, is directed against the judgment and order of the High Court of Patna dated 27th March 1985 in Government Appeal No. 28 of 1979, convicting and senten-cing the appellants, Shatrugan Singh (Al), Kapildeo Singh (A2), Rampriya Yadav (A4), Brij Bihari Singh (A5), Ram Ekbal Singh (A 6) and Suresh Singh (A 7), (Awadesh Singh (A 3) died after the judgment of the High Court) for offences under Sections 302, 302/149, 148, 324 and 326 IPC, by reversing an order of acquittal recorded by the Additional Sessions Judge VI, Patna dated 28th April 1979.

2. While Al and A2 are brothers, A3 is the son of A2, A4 is a ploughman of Al, A5 is the son-in-law of A2, A 6 is the brother in-law of A3 and A7 is the son of A6.

3. The prosecution case in brief is that the deceased Shyamdeo Singh was on enimical terms with Al and A2 and litigation was going on between the two parties. On the night intervening 12/13 October 1977, at about mid-night at village Malia Gaura. the appellants along with Awadesh Singh A3, variously armed went to the house of the deceased and knocked at the do