1. This is an appeal by four persons from a decision of the First Assistant Sessions Judge, Biharsharif. I shall refer to them by the serial numbers assigned in the memo of appeal as A-1, A-2 and so on. A-1 was sentenced to suffer 5 years rigorous imprisonment under S. 307 of the Indian Penal Code (briefly the Code). He was further sentenced to 3 years rigorous imprisonment under S. 27 of the Indian Arms Act, 1959, A-2 and A-3 were each sentenced to two years rigorous imprisonment under Sec.307/109 and A-4 to six months rigorous imprisonment under S. 225.

2. The occurrence took place on 24th March 1969 at about 5 p.m. at village Bhadawa, Police Station Rahui in the District of Patna (now Nalanda). The incident was reported at the Police Station on the next day (25-3-1969 at 9 a.m.) by P. W. 6 Dhaka Gorain. The evidence is that A-1 to A-3 had a quarrel with P. W. 6 Dhaka Gorain over the construction of a Karha, that A-2 and A-3 ordered to assault. A-1 drew a loaded pistol from his Dhoti and pointed it at P. W. 6 Dhaka Gorain who was constructing the Karha for irrigating his land from the tube-well but before he had time to do anything further the Chawkidar Ram Nandan Paswan