1. There are two appeals. Criminal Appeal No.376/84 has been filed by accused Harendra Prasad and Mahadeo Hazra and Criminal Appeal No.329/84 has been filed by other six accused, namely, Brahmdeo Hazra, Ramdeo Hazra, Sonelal Hazra, Jamuna Rai, Ramashish Rai and Charitar Rai. Since both appeals arise out of the same judgment, dt.30-3-1984 passed by the First Additional Sessions Judge, East Champaran at Motihari, with the consent of the learned counsel for the parties and for the sake of convenience they have been heard together and are being disposed of accordingly.

2. Appellants-accused Harendra Prasad and Mahadeo Hazra of Criminal Appeal No.376/84 have been convicted for the charge under S.302 of the I.P.C. (hereinafter referred to as the Code) and both of them have been sentenced to suffer rigorous imprisonment for life. They have been further convicted under S.148 of the Code and under this charge both of them have been sentenced to suffer rigorous imprisonment for three years whereas the other accused of Criminal Appeal No. 329/84 have been found guilty by the trial court of the charges under S.302 read with S.149 of the Code and each one has been sentenced to suffer ri