S.K.Chattopadhyaya, J.

1. As these two appeals are directed against the common judgment of conviction and order of sentence passed by the 2nd Additional Sessions Judge, Arrah, in Sessions Trial No. 366 of 1982 and they have heard together, they are being disposed of by this common judgment.

2. In Cr. Appeal No. 46 of 1987 sole appellant Jagdish Singh, who has been convicted under Secs. 302/148, I.P.C. and 27 of the Arms Act and has been sentenced to rigorous imprisonment for life. In Cr. Appeal No. 596/86, there are nine appellants who have been convicted under Secs. 302/ 149, I.P.C. and have been sentenced to undergo rigorous imprisonment for life. The appellants Gupteshwar Nath Rai, Ram Sunder Singh, Raghunath Rai have further been convicted under Sec. 148, I.P.C. and sentenced to undergo rigorous imprisonment for two years. Appellant Chhabinath Rai, Gupteshwar Nath Rai and Raghunath Rai have; further been convicted under Sec. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for three years.

3. On the basis of the fardbeyan of one Ramashish Rai, Officer-in-charge, Dumraon P.S. instituted a case on 21-3-86 at 3 a.m. The Prosecution story in short is that i