P.K.Sarkar, J.

1. This criminal appeal has been preferred against the conviction and sentence passed by 6th Additional Sessions Judge in Sessions Trial No. 415/17 of 1984, whereby he found all the nine appellants guilty under Sec. 302 read with Sec. 149 of the Indian Penal Code and convicted and sentenced each of them to undergo rigorous imprisonment for life. He also found all the accused-persons guilty under Sec. 148 of the Indian Penal Code and convicted them accordingly, but no separate sentence for the aforesaid offence has been awarded.

2. The fact, in brief, leading to this appeal are as follows:

On 15-11-1979 deceased-Sheo Prasad Singh and Ram Badan Singh with some others had gone to Masaudha Khandha of village Akbaipur for guarding the harvested and standing paddy crops. At about 7 p.m., while the deceased were sitting and gossiping under a neem tree in the Khandha, the informant (P.W. 9) and Mithilesh Singh (P.W. 6) saw some people suddenly coming from the northern direction. Out of them accused Hardeo Musahar, Hari Charan Musahar, Raktoo Musahar and Hariya Musahar, who were armed with fasuli and garasa came and started indiscriminately assaulting Sheo Prasad Sing