JUDGMENT (S.B. SINHA, J.)

1. Leave granted.

2. Appellants and one Raghu Manjhi, since deceased, along with four others were tried for commission of offences under Sections 302/149, 307/149, 326/147/148/324 and 326 of the Indian Penal Code.

3. The occurrence is said to have taken place on or about 31.10.1997 at about 2.00 p.m. at village Simultand within the jurisdiction of Chandan Kiyari (Bangaria Assistant Thana) Police station in the district of Bokaro. First Information Report (FIR) in relation to the said incidence is said to have been recorded at 3.45 p.m. in the complainant's (Suresh Kumar Das, P.W.10) house. In the FIR, it was alleged by the complainant that when his father Nagender Nath Das (deceased) and uncle Manpuran Das were sitting in front of their house after taking meal, he heard a noise (hulla) whereupon he came out and saw Ravishwar Manjhi, son of Berda Manjhi armed with `iron tenta', Jaleshwar Manjhi, son of Veda Manjhi armed with `tangi', Kala Chand Manjhi, son of Berda Manjhi, Santu Manjhi son of Balesar Manjhi armed with `bhala', Raghu Manjhi son of late Nakul Ma