S.Haider Shaukat Abidi, J.

1. Appellant Gupteshwar Ram has been convicted under Sec. 302 of the Indian Penal Code (for short I.P.C.) and Sec. 27 of the Anus Act and has been awarded sentence of rigorous imprisonment for life and two years rigorous imprisonment under each count. Appellants, Nand Kumar, Budhu Ram Tribhuwan Ram, Mahendra Ram and Rajbali Prasad. Ram have been convicted under Sec. 302/149, I.P.C. and have been sentenced to rigorous imprisonment for life. Appellants, Gupteshwar Ram, Nand Kunlar Ram and Budhu Ram have further been convicted under Sec. 108, I.P.C. and sentenced to two years rigorous imprisonment. Appellants Tribhuwan, Mahendra and Rajbali have been further convicted under Sec. 147, I.P.C. and sentenced for one year R.I. Appellant Mahendra has further been convicted under Sec. 323, I.P.C. and sentenced to sixmonths R.I. However, all the sentences have been ordered to run concurrently. The other four accused, namely, Bhikari Ram, Umesh Ram, Radha Ram and Shree Narain Ram have been accounted by the trial Court.

2. A First Information Report (Ext. 6) was recorded on, 28-5-1986 at 1.30 p.m. by Kanhaiya Ram (PW 9) at Jagdishpur police station, district B