Anant Singh, J.

1. All the eight appellants have been convicted for the murder of Kedar Singh under Sections 302/149 and 302/34 of Indian Penal Code, and each of them has been sentenced on each count to undergo imprisonment for life. Bindo, Budhan and Tanik have been further convicted under Sec.147 with one years rigorous imprisonment each, and the rest under Sec.148 with two years rigorous imprisonment each. All the sentences have been ordered to run concurrently.

2. The deceased, Kedar Singh, came from village Barhaiya, and the appellants also come from the same village. The time of the occurrence was about 8.30 P. M. on the 9th November, 1959, and the scene was a spot on the road flank in front of an empty shop of one Sahu Singh situate on the Station Road running from the Barhaiya Railway Station towards the bazar on the east. The prosecution case is that Kedar Singh, on the date of the occurrence, had been to Monghyr town to attend to a criminal case which had been filed against him by appellant Nirsu Singh. Kedar Singh arrived at the Barhaiya Railway Station by Barauni Passenger which reached the station at 8.17 P.M. that evening. Appellant Nirsu Singh, as it appears