Nunumani Prasad Singh, J.

1. The eleven appellants and one Muzaffar Hussain were tried on the charge, under sections 302/149 of the Indian Penal Code, for the murder of Bilayat Ali. Muzaffar Hussain was, however, acquitted and the appellants were convicted and sentenced to R.I. for life.

2. Briefly stated, the prosecution case is that on 8.10.1973 at about 8 P.M. Bilayat Ali was returning to his home from Kolasi Mela along with his co-villagers Siddique Hussain, P.W.1, Muzaffar Hussain, P.W. 8 and Anisur Rahman, P.W.11. When they reached near a bridge the accused persons variously armed with lathi, Bhala appeared and surrounded them and started assaulting Bilayat Ali. When Siddique, Muzaffar and Anisur intervened they were threatened on which Muzaffar and Anisur fled towards the Meta while Siddique fled towards the village and went to the house of Bilayat Ali and narrated about the occurrence to his son Abdul Haque, P.W.2 who rushed to the place of occurrence along with his uncles Abid Ali, P.W.5, Rushtam Ali, P.W.7, other villagers and Siddique, P.W. 1. Meanwhile; Chaukidar Amrit Turi, P.W. 4 Dr. Aminuddin, P.W. 3 and Dafadar also arrived there. Dr. Aminuddin gave first ai