JUDGMENT

S.B. SINHA, J.

1. Appellants, who are three in number, are before us aggrieved by and dissatisfied with a judgment and order dated 9.8.2005 passed by the High Court of Judicature at Patna dismissing the Criminal Appeals preferred by them and thereby upholding the judgments of conviction and sentence dated 9.1.2002 and 11.1.2002 passed by the 7th Additional Sessions Judge, Nalanda.

2. Appellants, the deceased and the prosecution witnesses are residents of village Govindpur, P.S. Silao in the District of Nalanda (Bihar). The prosecution case, shorn of all unnecessary details, is as under:

On or about 29.5.1997 at about 3 p.m. Sanjib Yadav (informant) along with his father Mauji Yadav ("the deceased") were working in his field. Lakhan Yadav, Ragho Yadav, Anil Yadav, Inderdeo Yadav, Ramjee Yadav and Dwarika Yadav were sitting under the shadow of a Pipal tree at some distance.

Accused persons who were eleven in number, including the appellants herein, armed with country made gun, country made rifle, country made pistol, Gadasa, along with four to five unknown persons armed with firearms came to the place of occurrence and started abusing the informant and his father. They are said t