S.H.S.ABIDI, J.

1. In Cr. Appln. 544/87, Dudheshwar Sharma, Cr. Appln. 545/87 Darshi Sharma, Ram Krit Sharma, Haridwar Sharma and Bagesh Sharma alias Bageshar Sharma, Cr. Appln. 546/87 - Baikunth Sharma and Cr. Appln. Awadhesh Sharma have been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Though they have further been sentenced under Sec. 27 of the Arms Act, but no separate sentence has been awarded in that regard. In Cr. Appln.462/ 87 Nagina Sharma, Cr. Appln. 521/87 Baliram Sharma alias Bali Ram Singh, Cr. Appeal 527/ 87- Nawal Singh, Raj Kishore Sharma, Mahendra Singh, Gaya Singh, Jairam Sharma, BraJ Nandan Singh, Ramadhar Sharma and Rajendra Sharma, Cr. Appln. 531/87-Lal Singh, Bhukamp Singh, Rama Singh and Dinesh Singh, Cr. Appln. 532/87-Fudari Sharma and Ram Bilash Sharma have been convicted under Sec. 302/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. Originally thirty six persons have been prosecuted. Out of whom the above twenty four have been convicted, ten have been acquitted; one Sudama Sharma died prior to the framing of charges and Nand Kishore and Alakh Sharma are said to have died after the framing of charge.

2. A fard-beyan has been given by Kameshwar Prasad Yadav (P.W. 20) to Nagendra Singh the then Sub-Inspector of Police, Goh Police-Station on 10-6-1977 at about 1 p.m. in the Goh Hospital, on the basis thereof a case was registered under Secs. 147,148,149,302,307,326,324 and 323 of the Indian Penal Code and Sec. 25 of the Arms Act and Sec. 3/5 of the Explosive Substance Act, the same day at about 2.30 p.m. against the said accused appellants and others. In the fard-beyan it has been said that the informant Kameshwar Pd. Yadav resident of village Pali along with his villagers Jagdeo Yadav, Deven Singh, Bidyabilas Singh, Krishna Yadav and others had gone to Sagarpur polling station for casting their votes in the Assembly election on 10-6-1977 at about 6.30 a.m. The voters of villages Sagarpur, Khaira, Jujharpur, Pali, Govindpur, Rampur, Digrahi and others were to cast their votes at the polling station of Sagarpur. As the election had not started, the informant and his co-villagers sat on a find to the east of the said polling booth. In the meantime Sohan Yadav, Dharamdeo Yadav, Rajdeo Yadav, Mitar Yadav, Charitar Yadav, Sohan Yadav, Jagdeo Yadav and Bindeshwar Yadav all of village Rampur, Dukhan Yadav, Dasruth Yadav, Briksh Yadav, Rajdeo Yadav, Jagdeo Yadav and Ramnarain all of village Govindpur, Ramratan Yadav, Chander Yadav, Rambilin Yadav and Simran Yadav of village Digrahi, Bindeshwar Yadav, Rampati Yadav, Kailash Yadav, Sheonandan Yadav, Nanhe Yadav, Ramchandra Yadav, Ramrup Yadav, Sohrai Yadav and others had also come. All these persons were waiting for casting their votes. Then about fifty persons armed with lathis, bhalas, garasas, bombs came to the west of the polling booth. Out of them, the informant identified accused Ramkrit Sharma, Baikunth Sharma, Awadhesh Sharrna, Hardwar Sharma armed with country made guns, Rajendra Singh, Alakh Singh, Dudheshar Singh, Ramadhar Singh, Caya Singh, Jairam Singh, Brijnandan Singh, Rajkishore Singh, Nawal Singh, Mahendra Singh all of village Sagarpur, Brijnandan Singh, Rambilash Singh, Baliram Singh, Darsi Sharma and Fudani Sharma all of village Barpa, Mukhan Singh, Lal Singh, Madan Singh, Rama Singh and Binod Sharma of village Khaira armed with country made guns, Dinesh Singh of village Khudwa, Nand Kumar Singh of village Murera, Kishun Singh of village Rukundi and Dudheshwar Sharma of village Mujhara armed with guns. When the informant and others proceeded towards polling booth to cast their votes, then the aforesaid persons began to abuse and asked them not to cast their votes. In spite of their warnings the informant and others continued proceeding towards the polling booth. Thereupon Nand Kumar Singh of village Murera ordered to assault them and then N