M.P.Varma and K.B.Sinha JJ.

1. This is an appeal against the judgment of conviction passed by the Sessions Judge, Sasaram. The appellants have been sentenced to suffer imprisonment for life under sections 302/149 of the Indian Penal Code (hereinafter referred to as the Code). Further appellant Sheomurat Singh has been convicted and sentenced to rigorous imprisonment for one year under sec. 147 of the Code and the remaining six appellants to suffer imprisonment for two years under lection 148 of the Code. Appellants Ayodhya Singh, Dasrath Singh, Baliram Singh and Jitendra Singh have been further sentenced to suffer rigorous imprisonment for one year under sec. 27 of the Arms Act also.

2. The case against them arose on the statements of Lal Bahadur Singh, the victim of this episode. He was seriously injured in the occurrence and later died in the hospital at Banaras. His fardbeyan (Ext. 1/1) was recorded by the police, on that basis an F.I.R. marked Ext. 1 was drawn. This fardbeyan has now been treated as dying declaration admissible under sec. 32 of the Evidence Act. The narration of the story as given by him is as follows.

It was in the evening at about 4:30 p.m. on 16-8-79