Judgment

G.P. Mathur, J.—1. This appeal, by special leave, has been filed against the judgment and order dated 15.1.2004 of Patna High Court, by which the appeal preferred by the appellants was dismissed and their conviction under Section 302 read with Section 34 IPC and Section 27 Arms Act and the sentence of imprisonment for life under the first count and three years R.I. under the second count imposed by Second Additional Sessions Judge, Hilsa, Nalanda, in Sessions Trial No. 612 of 1998 were affirmed.

2. The case of the prosecution may be stated in brief. The deceased Ram Parvesh Yadav was carrying on timber business and was running a saw mill at Hilsa. The appellants, Ramashray Yadav (A-1), Tanikan Yadav (A-2) and Rajdeo Yadav (A-3), were bullies or goondas of the locality and they used to demand “rangdari tax” (Goonda Tax) from the deceased, but he refused to pay the same. Due to this reason, the appellants were hostile to the deceased and wanted to teach him a lessor. On 10.4.1998, the deceased Ram Parvesh Yadav along with his brother PW.12 Sidheshwar Prasad and some others went on a tractor trolley to bring timber from village Dabaul. After loading the timber, they returned fr