Judgment

PAITANAIK, J.- The two appellants, Rajender Singh and Triloki Singh have assailed their conviction and sentence passed by the First Additional Sessions Judge, Saran in Sessions Trial No. 189 of 1981, which has been upheld in appeal by the High Court of Patna in Criminal Appeal No. 146 of 1985. Before the learned trial Judge, in all there were nine accused persons but six of them were acquitted and only two appellants along with one Prabhunath Singh were convicted but the said Prabhunath died during the pendency of appeal in the High Court, and as such, there are two appellants in this Court. The prosecution case in a nutshell is that on 4-7-1977 an incident occurred in Village Jaidpur Tola Pilui in the district of Saran and one Kameshwar Singh was murdered. Satyanarain, PW 8 gave the first information report at 6.00 p.m. at Sadar Hospital, Chapra where he was lying injured, alleging therein that at 11.45 a.m. while the informant was getting his field ploughed by a tractor which he had hired from PW 5 these

appellants and others came and asked the informant party not to plough the field but when the informant protested he was abused and then Accused 1 assaulted him by means