JUDGEMENT

MUDHOLKAR, J. :- This judgement will govern Criminal Appeals Nos. 177 and 178 also. All these three appeals arise out of the same trial. The learned Additional Sessions Judge, Monghyr, who conducted the trial convicted the appellant, Ramchandra Chandhary who is appellant in Criminal Appeal No. 177 of 1961 for an offence under S. 302 Indian Penal Code. He also convicted Baleshwar Rai alias Nepali Master, appellant in this appeal and Jogendra Choudhary, appellant in Criminal Appeal No. 178 of 1961 of an offence under S. 302 read with S. 34, Indian Penal Code. He sentenced each of the three to death. Their appeals were dismissed by the High Court of Patna, and sentences of death passed against them were confirmed by it. They have come up before this Court by special leave.

2. The prosecution story is briefly as follows :-

On March 17, 1959, at about 8.00 p.m. the chaukidars of the village Fateha had assembled, as usual, in the 'crime centre' of the village. Their names are Anandi Paswan (deceased), Misri Paswan (P.W. 2), Baleshwar Paswan (P.W. 3) and Narain Paswan. Anandi Paswan and Misri Paswan were lying on a chauki. Anandi Paswan had a 'bhala' and 'muretha' while Misri Paswa