ORDER

Five appellants alongwith five others were tried for offences under Sections 302, 148 IPC and some minor offences. The learned Sessions Judge acquitted five co-accused of the appellants but convicted and sentenced them for offences under Section 302/148 IPC. They filed an appeal in the High Court, which was dismissed by the Division Bench of the High Court on 6th May 1986. By special leave the appellants have called in question the judgment of the High Court dated May 6, 1986.

2. In short, the prosecution case is that on 14th November, 1981 at about 10.00 p.m. when the complainant party was taking its bullock cart through a path way of the abadi to village Galia Kua, the cart suffered a sudden and violent jerk. It was noticed that a ditch had been freshly dug in the path way though the complainant party had not noticed the existence of any such ditch earlier on their way to the forests in the evening. As soon as the bullock cart suffered a jerk. 10 or 12 persons came out from house of Ranjita and Hira. They were armed with sticks and axes. They assaulted Bhura, Badri, Dhanna and Ramphool. Ramphool and Dhanna, however, escaped unhurt. Bhura succumbed to the injuries. Badri als