I.D.DUA, J.

(1) THESE four appeals by special leave are directed against a common judgment of the Assam and Nagaland High court acquitting the respondents of the offence under S. 302/149, Indian penal code and will be disposed of by a common judgment. The four respondents in these appeals were convicted of the offence under the above S. by the Additional Sessions Judge)Gauhati, in whose court they were tried jointly along with Nirendra Basumatari. The victim of the offence was one Moni Ram Kotwal.

(2) NIRENDRA Basumataris conviction under Section 302, Indian penal code, was upheld by the High court but there being no appeal on his behalf against that order in these appeals we are not concerned with his conviction.

(3) THE prosecution story may now be briefly stated. On 20/05/1962) at about 10 or II a, m. the deceased Moni Ram alias Dhanbahadur and some; other Nepali persons were grazing their cattle in Angarkata government Grazing Reserve which is described by P. W. 2; the informant, as Koirani Reserve. The four respondents with Nirendra Basumatari, armed with deadly weapons like bows, arrows and Lathis tried to take the grazing cattle for impounding them on th