R.N.SAHAY and D.P.S.CHOUDHARY JJ.

1. All the five appellants have preferred this appeal against the judgment and order dated 18th day of December, 1986, passed by the 2nd Additional Sessions Judge, Gopalganj in Sessions Trial No. 247/83/103/84 convicting each of them under Section 302 read with Section 149 of the Indian Penal Code and sentenced to undergo life imprisonment. The appellants Moti Lal Yadav, Shayam Lal Yadav and Mohan Sah have been further convicted under Section 448 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months each. The sentences are to run concurrently.

2. The prosecution case, as summarised in paragraph 1 of the judgment of the trial Court. In brief is that there is a Math known as Bishunpura Math at Bishunpura, P.S.Barauli, District-Gopalganj. It has landed property and its previous Mahanth was Indradeo Das. After his death, his Chella Paspat Das became the Mahanth of the Math. After his death, a dispute arose regarding the Mahanthship of the Math. About 3 months before the alleged date of ocurrence, i.e. 15-3-1991, Chandra Bhushan Bhagat (deceased) was declared and made Mahanth against the claim of Shesh Nath Bhaga