ANAND PRASAD SINHA, J.

1. Appellant Abdul Quadir has been found guilty for the offence punishable under S. 302 of the Penal Code and appellants Ataullah and Md Mazlum have been found guilty for the offence punishable under S. 302 read with S. 34 of the Penal Code and each has been sentenced to undergo imprisonment for life. All the appellants have been found guilty for the offence "punishable under Ss.147 and 379 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for one year under each count. Appellants Lal Mohammed, Neyamat Main, Makul and Ali Hassan have further been found guilty for the offence punishable under S. 323 of the Penal Code and each has been sentenced to undergo rigorous imprisonment for one year. However, the sentences have been ordered to run concurrently.

2. The prosecution case, briefly stated, is that at about 9 A.M. on 24-7-1972 Md. Usman (P. W. 8), who is also the informant of this case and who happened to be the son of deceased Chuman Mian resident of village Chakla Nirmali, P. S. Supaul, was ploughing his field which was situated towards south of the village. Chuman was, at that time, standing on a ridge. Suleman (P.W. 7)