JUDGMENT

N.P. Singh, J.- The appellants and three others were tried on the charge under section 396 of the Indian Penal Code for the murder of Ram Bilash Chaudhary. The trial court acquitted the, other accused and convicted the appellants and sentenced them to undergo R.I. for life.

2. On 4.1.1982 at about 4.30 in the evening the informant, Rama Nand Chaudhary (P.W. 3), his brother Ram Bilash Chaudhary and Kailash Chaudhary, P.W. 1 were harvesting their Urad crop (Kalai) at their Basa (hutmet). Subodh Chaudhary, P.W. 2 whoseBasa was near the Basa of the informant and Subhash Chaudhary P. W. 4 was staying at, the Basa of the P.W. 2 in connection with the harvesting of his crop, were also there. When harvested Urad were kept in the bags and bags were finally stitched at that point of time the appellants some of whom also had their Basa in the vicinity arrived there variously armed with firearms and lathi and surrounded the Basa of the informant and they forcibly lifted the Urad bags. When Ram Bijash Chaudhary protested appellant Anil Yadav shot at him from a country made pistol, as a result, he died at the spot Appellant Bouku Sab shot at Subodh Chaudhary P.W. 2 and caused injury on