JUDGMENT

Sarkaria, J. - This appeal by special leave is directed against a judgment dated May 16, 1974, of the High Court of Patna. It arises out of these facts:

2. On April 22, 1977 at about 8 p.m., the informant, Suraj Nath Chaudhary (PW 12) was keeping watch on wheat lying in his threshing floor. About 15 to 20 persons, variously armed, arrived there. He identified l3 out those persons, who are the appellants herein, apart form one Munshi Ram (since dead).

3. On seeing these persons coming armed, PW 12 raised an alarm: "Thief! Thief"! However, Ram Ashrit appellant 1, Manki Ram, appellant 2, and Kapildeo Ahir appellant 13, surrounded PW 12: while their companions started collecting wheat that lay stocked there in a chadar and bags. While Munshi and Manki were holding PW 12, Ram Ashrit dealt a bhala blow on his head. Ram Ashrit snatched away the single-barrel gun (Ex. 1) from PW 12. The gun was already loaded and during the struggle, the gun got fired. Munshi and Manki gave lathi blows to P.W. 12. On hearing the alarm, his brother, Bishwa Nath Chaudhary cousin Sheonath Chaudhary and his co-villagers, Jagarnath Chaudhary and Bhagwan Chaudhary were attracted to the spot. The miscrea