IMPORTANT POINT
In a case of free fight where both parties collected into groups with determination to fight, the assailants should be liable for their individual acts.

ORDER

K. Jayachandra Reddy, J. - Both these appeals are directed against the ORDER of the Patna High Court confirming the convictions and sentences awarded by the trial Court against the appellants. In the trial court as many as 13 accused were tried for offences punishable under Sections 148, 307, 326, 302/34 and 302/149 I.P.C. The trial court convicted all of them under Sections 148 and sentenced each of them to undergo R.I for two years. Indradeo Rai, A-1, Doman Rai, A-9 and Raj Balla V Rai, A-10 were also convicted under Sections 302/34 I.P.C. and sentenced to imprisonment for life. Upendra Rai, A-5 and Chandradip Rai, A-6 were also convicted under sections 307 and 324 I.P.C. and were sentenced to undergo R.I for seven years and two years respectively. Basantlal Rai, A-11 and Anuplal Rai, A-13 were also convicted under Sections 307 and 326 I.P.C. and were sentenced to undergo R.I. for seven years on each Count. The sentences were directed to run concurrently. The appeal filed by them was dismissed by the High Court. During the pendency of the -appeal, Chhotan Rai, A-7 died. Out of the remaining 12 convicted accused, Kashi Rai, A-2 Satrughan Rai, A-3 Sukhdeo Rai, A-4 and Gopal Rai, A-8 have preferred Criminal Appeal No. 115/84. The remaining accused have preferred Criminal Appeal No. 164/84.

2. The prosecuti6n case is as follows:

The accused, the main prosecution witnesses and the deceased Maksudan belong to Rasalpur Village. On 23.5.1968 P.W. 6 brother of P.W. 15, went to see his sweet potato field in the morning and he found A-11 with his men taking out sweet potato from his field to which he objected. A-11 and his men assaulted P.W. 6 and took away sweet potato. P.W. 6 went to Samastipur to lodge a complaint on the same day. On 24.5.1968 in the morning P.W. 15 had gone to river to take his bath. He found a mob consisting of about 200 to 250 persons collected at Bariyapur Ghat and some of them were crossing the river on boat. P.W. 15 became suspicions and went to P.W. 11 and informed him about the same. Subsequently he learnt that the mob was collecting near Kali Asthan with an intention to loot the shops of villages of Rasalpur. P.W. 11 called P.Ws. 3,7 and 9 and the deceased and they all started for Kali Asthan. There they found a mob of about 200 to 250 persons and they tried to pursued the mob to go away but the mob started pelting brickbats on them due to which P.W. 15 and others tried to move back but P.W. 15 and the deceased were surrounded by the mob. A-11 assaulted P.W. 15 with a Bhala on his chest. A-5 assaulted him with a Bhala on the lower portion of his leg. A-6 assaulted him on his right knee with Gupti. A-13 assaulted him with a Bhala on his head and also hit him with his gun. Meanwhile the deceased who also assaulted and he fell down. Thereafter the mob went away. P.W. 15 could not say as to which of the assailants assaulted the deceased. After the mob left, the deceased was removed from the place of assault to the pipal tree. P.W. 17 the officer-in-charge of the Mohinudin Nagar Police Station received information at about 8.15 A.M. through a Constable P.W. 5. P.W. 17 went to Rasalpur village and he also saw some persons running away. P.W. 17 found P.W. 15 and the deceased lying under the Pipal tree and the deceased was unconscious. He recorded the statement of P.W. 15 which is the first report. In the meantime, the deceased died. P.W. 17 inspected the seen of occurrence and there he found marks of trampling and foot prints and also fresh copious blood in the field. Within a short distance of 50 to 60 yards from the place of occurrence, there are other houses. In the house of Shri Sah the dead body of Ram Baran Rai belonging to the accused party was found. One Misri Thakur, also belonging the accused party, died during the same occurrence and his dead body was found in his house and Indradeo Rai, A-1 also received injuries. P.W. 17 sent the dead body of the deceased Maksudan for post-mortem and P.W. 15