ORDER

1. This appeal is directed against the judgment dated 18-7-2001.

2. Briefly stated the facts are as follows: on 3-12-1979, the deceased, Ram Pravesh Chaudhary along with Radha Kishun Chaudhary (PW 1) came to the field for the purpose of collecting the paddy crops which have been kept in the field. One Krisnaditya Narain Tiwary (PW 5) was also present in the field. All the appellants, along with one Ramjanam Chaudhary came to the field armed with guns. The appellant, Devendra Nath Mishra warned Ram Pravesh Chaudhary not to touch the paddy crops. Ram Pravesh Chaudhary stated that paddy crop belonged to him and he would take it. As soon as he said this, the appellant, Devendra Nath Mishra and Deodhari Chaudhary fired from their guns injuring Ram Pravesh Chaudhary who then started running away. All the appellants, as well as Ramjanam Chaudhary, followed him and surrounded him. Firing again took place resulting in the death of Ram Pravesh Chaudhary.

3. All the accused were tried for the offences under Sect on 302 read with Section 34 of the Penal Code, 1860. Accused 1 and 2 viz. Devendra Nath Mishra and Deodhari Chaudhary were also charged for the offence under Section 27 of the Arm