ANAND PRASAD SINHA, J.

1. Since both these appeals arise out of the same judgment, they have been heard together and are being disposed of by this common judgment.

2. All the six appellants of Criminal Appeal No.90 of 1979, namely, Basant Singh, Narain Singh, Umendra Singh, Siya Saran Singh, Nawlesh Singh and Birjan Singh have been found guilty for the offence punishable under S.302 read with S.149 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for life. They have also been found guilty for the offence punishable under S.148 of the Penal Code and each of them has been sentenced to undergo rigorous imprisonment for three years. Appellant Birjan Singh and Narain Singh have further been convicted under Ss.25A of the Arms Act and 324 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for three years under each count. Appellant Bhagwan Singh of Criminal Appeal No.106 of 1979 has been found guilty for the offence punishable under S.302 of the Penal Code and has been sentenced to undergo imprisonment for life. He has also been found guilty for the offence under S.148 of the Penal Code and has been sentenced to undergo rigorous imprisonment for three years. However, the sentences are to run concurrently.

3. The prosecution case, briefly stated, is that there is a Ghairmazrua Malik Ahar bearing plot No.124 situated towards the south of village Jagdishpur. Jagdishpur village is adjacent to another village Sabdullachak. The villagers of Jagdishpur and Sabdullachak used to utilise that Ahar for irrigation purposes. The fish of the Ahar were auction sold by the Circle Officer of Masaurhi Block to the public. In the year 1969-70 the auction of the fishing right was made by the Circle Officer of Masaurhi Block in favour of Rajendra Singh (P.W.16). It was for Rs. 99/- and the amount had been deposited and a Parwana (Ext.7) had been issued in his favour. Rajendra Singh was resident of village Sabdullachak. It appears that at the time of auction the villagers of village Jagdishpur had raised objection but that was rejected and an appeal had been preferred to the Land Reforms Deputy Collector, Patna. The settlement was further approved on appeal also.

4. However, while the Sarait appeal was pending for decision, Rajendra Singh (P.W.16) along with Sheodas Singh (P.W.3), Mukund Singh (P.W.4), Ramrup Singh (P.W.5), Brahamdeo Singh (P.W.7), Kuna Singh (P.W.8), Ram Swarup Singh (P.W.9), Jitan Singh (P.W.10), Mundrika Singh (P.W.I4) and Jadu Singh (P.W.15) and others including deceased Nandkeshwar Singh were fishing on 30-11-1969 at about 11 A.M. The appellants along with several others came over there. Appellant Bhagwan Singh was armed with his licensed gun, appellants Birjan Singh and Narain Singh were armed with unlicensed fire arms, Basant Singh, Siya Saran Singh, Umendra Singh and Nawlesh Singh were armed with Bhala. They protested against catching of fish. Informant Rajendra Singh (P.W.16) replied that he had got Parwana to catch fish, hence he would proceed with catching fish from the Ahar. There was some altercation. Sheodas Singh (P.W.3), Mukund Singh (P.W.4) and one Ram Das of village Jagdishpur had asked the parties not to quarrel. The appellants did not listen and appellant Basant Singh ordered to open fire. Consequent to this appellant Bhagwan Singh fired his gun which killed Nandkeshwar Singh at the spot. Appellants Narain Singh and Birjan Singh fired from their unlicensed country made pistol which hit Jadu Singh (P.W.15) and Kuna Singh (P.W.8) respectively and they had contacted injuries on their body. Thereafter the appellants fled away. It appears that one Mundrika Singh (P.W.14) had also received injuries but his assailant could not be ascertained.

5. After the occurrence, Rajendra Singh (P.W.16) left the dead body of Nandkeshwar Singh in the charge of Ramrup Singh (P.W.5) and he along with Sarbanand Singh (P.W.11), Ram Swaroop Singh (P.W.9), Jadu Singh (P.W.15) and