(1) THERE are five appellants. All of them are convicted under Section 302 read with Section 149 Indian Penal Code and sentenced to undergo imprisonment for life for causing the death of one Ram Lakhan Prajapati. Two others Bina Mahto and Kaushalaya Devi were also tried with them but Bina Mahto died during the trial whereas Kaushalaya Devi was acquitted by the trial court. The appeal filed by the five accused was dismissed by the High court. Hence the present appeal.

(2) THE prosecution case is as follows: The deceased and the material witnesses belong to the same village. On 25/08/1983 at about midday the deceased was going towards Devi Mandap for grazing his buffalo. When he reached near the Devi Mandap, accused Kaushalaya Devi raised alarm and called her father, brothers and husband and told them that the deceased was going from there and he should be killed. On her alarm Kirti Mahto, Bhagwan Mahto and Sarju Mahto came there armed with garasa in their hands, Dasrath Mahto and son-in-law of Bina Mahto of Barasatia Amarika Mahto came there armed with barchha. Bina Mahto was armed with lathi. He also came there running and all of them started beating the deceased ind