S.H.S.ABIDI, J.

1. In Criminal Appeal No. 300 of 1989 all the seven appellants have been convicted under S.148 of the Indian Penal Code and sentenced to two years rigorous imprisonment. Appellant No. 2 - Mokhtar Rai has further been convicted under S.307 and 323 of the Indian Penal Code (for short I.P.C.) and sentenced to six years and six months rigorous imprisonment under the respective counts. Appellant No. 4 Sheoji Rai has also been convicted under S.324, I.P.C. and sentenced to one year rigorous imprisonment. Criminal Appeal No. 306 of 1989 has been preferred by appellant Thakur Rai against his conviction under S .302 and 148, I.P.C. and sentence of rigorous imprisonment for life and two years under respective counts. Both the appeals arise out of the same judgment and they have been heard together and they are being disposed of by this common judgment.

2. According to the fard-beyan (Ext. 4) given by Hari Charan Yadav (P.W. 9) on 27-l-1977 at 8.15 at the Bathan of Phulena Choudhary in village Derarai ke Bangara, police-station Siswan district Siwan to the Sub-Inspector of Police. Md. Nasiruddin (P.W. 14) it appears that on 25-1-1977 at 4 p.m. he had gone to bring fodd