Muneshwari Sahay, J.

1. All the twelve appellants have been convicted under Sec.302 read with Sec.149 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for life. They have further been convicted under Sec.325 read with Sec.149 of the Indian Penal Code, but no separate sentence has been passed against them under the section. Three of the appellants, namely, appellants Sanat Mahton, Budhan Kumhar and Babulal Kumhar have been further convicted under Sec.148 of the Indian Penal Code whereas the remaining appellants have been convicted under Sec.147 of the Indian Penal Code. No separate sentence, however, has been passed against the appellants under these sections.

2. The appellants are all residents of village Jogia Tola within Jainagar Pohce station of Hazaribagh district. Most of the appellants are related to one another. Appellants 3 and 6 are brothers and appellants 4 and 5 are their sons respectively. Appellant No. 1 is the nephew of appellant No. 6 and appellants Nos. 11 and 12 are his cousins. Appellant No. 2 is the son of appellant No. 12 and appellant No. 8 is the son of appellant No. 11. Appellants 7, 9 and 10 do not seem to be related to these appellants.

3. The occurrence had taken place on account of a dispute over a land measuring about 1 acre and which was locally known as Ambadohar. It appertained to survey plot No. 15/54. The prosecution alleged that deceased Sona Mahton had reclaimed this land and thereafter had taken settlement of the same from the landlord twenty years ago. Sona Mahto, therefore, claimed to be in possession of this land ever since he had reclaimed it On the date of the occurrence, i.e. the 31st of August 1965, in the morning Sona Mahton and his three sons (P.Ws. 2, 3 and 4) were repairing one of the ridges of this field which had teen breached by flow of water. While they were engaged in repairing the ridge, all the appellants went there armed variously with lathis, bhalas and tangi. Appellants Nos. 9 and 11 had bhalas with them, appellant No. 8 had a tangi and the rest had lathis. Appellant No. 9 asked Sona Mahton as to why he was repairing the ridge. Sona Mahton replied that the field belonged to him, and, therefore, he was repairing the ridge which had been breached. Appellant No. 9 thereupon ordered to attack Sona Mahton and all the appellants started assaulting Sona Mahton and his three sons. Appellants Nos. 8 to 12 attacked and assaulted Sona Mahton, appellants Nos. 2, 5 and 7 assaulted P.W. 2, appellants Nos. 3 and 4 assaulted P.W. 3 and appellants Nos. 1 and 6 assaulted P.W. 4. The appellants fled away after the assault. P.W. 1 Lati Mahto who has his field adjacent north of the land in question came to the place of occurrence when the appellants had left the place.

4. One Lakhan Mahto also came there. Lakhan arranged for a bullock-cart for carrying Sona Mahto and his three injured sons to the Police station. They had, however, hardly crossed the bridge over the river Barakar, which was only 500 yards away from the place of occurrence, that Sona Mahto died. His dead body was, therefore, left under a tree in charge of some persons who had arrived there, P.W. 1 went to the police station along with a Chaukidar. First information report (Exhibit 1) was recorded at the Police station by the Officer-in-charge, S. I. Bishwanath Banerjee at about 11-30 p. m. The police station, it may be pointed out, was 24 miles away from the place of occurrence. The investigation Officer went on the following day to the place where the dead body of Sona Mahton was lying. He held inquest over the dead body and prepared the inquest report (Exhibit 2). The dead body was sent to Kodarma Hospital with constable Nageshwar Narain Singh (P.W. 6). The investigating Officer also inspected the place of occurrence which was two miles to the south of village Jogia Tola. He noticed blood stains there and seized the blood stained earth. He prepared the sketch map (Exhibit 4) of the pl