D.N.Prasad, J.

1. This Criminal Appeal is directed against the judgment of conviction and sentence passed by Shri R.R.Verma, Vth Additional Judicial Commissioner, Ranchi in S.T.No.35/90 by which the learned Additional Judicial Commissioner, convicted the appellant, Mahiruddin Ansari u/ss 307 & 302/34 IPC, Sahiruddin Ansari and Qayum Ansari u/s 302/34/109 IPC and the appellant, Fakruddin Ansari u/s 302 IPC and all of the appellants were sentenced to undergo R.I. for life and the appellant, Mahiruddin Ansari was further sentenced to undergo R.I. for 10 years u/s 307 IPC. However, the sentences were ordered to run concurrently.

2. The short facts giving rise to this prosecution case as alleged that on 26.4.1989 at about 8 a.m. one Sheikh Hamid Khan was going to give SiIot & Lodha to his relative. When he reached near the informant Sheikh Nizams Ban, Sheikh Hamid Khan asked from Fakhruddin Ansari, Mahiruddin Ansari, Saharuddin Ansari and Qayum Ansari as to why they had tied his bullock day before yesterday when there was no crop or vegitable in the bari, due to which there was an altercation and thereafter the appellant, Saharuddin Ansari ordered to catch Sheikh Hamid and to ki