JUDGMENT

Lokeshwar Singh Panta, J. — These two appeals arise out of common judgment and order dated 5th November, 2003 passed by the High Court of Judicature at Patna in Criminal Appeal No. 465/1999 by which the learned Judges have altered the conviction of Bunnilal Chaudhary (A-1) from Section 302/149 of the Indian Penal Code (for short `I.P.C.) to one under Section 302, I.P.C., whereas the conviction and sentence imposed upon Birendra Chaudhary (A-2), Maniraj Chaudhary (A-3), Dashrath Chaudhary (A-4), Magister Chaudhary (A-5), Amarjit Chaudhary (A-8), Naresh Chaudhary (A-9) and Rajdhari Chaudhary (A-10) by the trial court under Section 302/149, I.P.C., is affirmed. By the impugned judgment, Bali Chaudhary (A-6) and Jagdish Chaudhary (A-7) have been acquitted of the charges. All the accused persons were sentenced to imprisonment for life. Both these appeals are taken up and heard together and shall stand disposed of by this common judgment.

2. Briefly stated the facts of this case are that on 13.12.94 P.W.-10, Yogendra Raut, at about 9.45 p.m. lodged Fardbeyan (Ex. P-5) in Police Station Sidhwalia stating therein that about 17 days from the said date his relative of Paithanpatti,