JUDGEMENT

MUDHOLKAR, J. :- This is an appeal by special leave from a judgement of the High Court of Patna altering the conviction of the appellants under S. 304, Part II read with S. 149 of the Indian Penal Code into convictions under S. 326 read with S. 149, I.P.C. but maintaining the sentences and affirming the convictions under S. 147 and S. 426, I.P.C. as well as the sentences awarded in respect of those offences.

2. The prosecution case was that there was a dispute between Ram Bilas Singh of Shahpore and his two sons Ram Naresh Singh and Dinesh Singh on the one hand (appellants before us) and Deva Singh (P.W. 2) and his brothers on the other with respect to a Dochara in a village Dihara. On April 22, 1951, at about 9.00 a.m. while Deva Singh, along with his brother Laldeo Singh, the deceased and two other persons Dhunmun Singh (P.W. 4) and Dasain Hajam were sitting in the Dochara, the appellant No. 1 Ram Bilas Singh arrived there in a truck with a mob of 40 to 50 persons which included the other two appellants before us, besides four other persons who were acquitted by the trial court. Ram Bilas Singh is said to have fired from the gun which he was carrying which hit Laldeo Sing