JUDGMENT:

P.P. NAOLEKAR, J.

1. Leave granted.

2. On 12.12.2005, an FIR was registered at Turkaulia P.S., District East Champaran, Bihar on the basis of a complaint lodged by Vinay Kumar Sharma. As per the said FIR, at about 1 oclock in the afternoon he along with his brothers and nephew Ajay Sharma reached the land which belongs to his family. After some time, the accused-appellants, namely, Abdul Gaffar, Abdul Khair, Banaras Rai with other accused persons named in the FIR along with 150 people reached the fields where the complainant party was present, with arms and ammunition. Manan Dewan and Alauddin Dewan ordered their men to kill the complainant and his family members. On this, Azhar Sah fired with a country-made pistol, which struck on the head of the complainant. Then Abdul Gaffar, Abdul Khair and Banaras Rai gave beatings to Ajay Sharma, nephew of the complainant with an iron rod and a lathi, which ultimately resulted in his succumbing to the injuries sustained by him. The FIR further alleged the participation of Abdul Khair of having caused injury to Loknath Sharma, brother of the complainant, with an iron rod.

3. As per the appellants, they are the owners of the lands meas