1. There are four appellants in this appeal, out of whom, Asharfi Yadav has been found guilty of the offence under Section 302, IPC and sentenced to undergo rigorous imprisonment for life. The remaining three appellants have been found guilty of the offence under Sections 302/149, IPC, and have also been sentenced to undergo rigorous imprisonment for life. Though they have been found guilty of the offence under Section 147, IPC, no separate sentence has been passed. These appellants along with one Mahadevi were put up for trial before the Sessions judge, Begusarai, in Sessions Case No. 14 of 1986. The trial Court by its judgment and order dated 22nd June, 1989 found the appellants guilty as aforesaid.

2. Appellant No. 1 Asharfi Yadav who has been convicted of the offence under Section 302, IPC has died and, therefore, his appeal abates.

3. The occurrence is said to have taken place on 16.4.1983 at about 9 p.m. in the common angan of the Informant and the appellants in which, according to the prosecution, as many as 12 persons took part in assaulting the deceased Garbhu Yadav. On sustaining injuries he breathed his last soon after the assault.

The prosecution case is that th