JUDGMENT

L. NAGESWARA RAO, J.

1. In these Appeals, we are concerned with the correctness of the judgment of the High Court of Judicature at Patna by which the judgment of the trial court was set aside and the acquittal of the Appellants was reversed. The High Court convicted the Appellants under Section 302 read with Sections 34 and 148 of the Indian Penal Code, 1860 (“the IPC”) and sentenced them to undergo life imprisonment.

2. We are informed that the Appellant Nos. 1, 2 and 4 died during the pendency of these Appeals and so, the Appeals filed by them abate. On the statement of the informant Md. Abu Daud (PW-6), the fardbeyan was recorded by the Officer Incharge of Matihani Police Station at 9.00 p.m. on 05.01.1984. He stated that along with his brother Md. Nadir Sah @ Jumma (deceased), he had gone to the house of Md. Mobin (PW-4) for collecting irrigation dues. They were basking by the ghura (fire place) at Md. Mobin’s darwaza. A mob of 10-11 persons armed with pistols, rifles and gun came there at that time. The informant identified seven out of eleven persons. Md. Chamru @ Sahadat was armed with gun, Noor Alam with rifle, Md. Jam Alam (Appellant No.4) with gun and Md. Kari @