Narayan Roy, J.

1. I have heard Counsel for the parties and also counsel for the State.

2. Appellant Nos. 1 and 3, namely, Vijay Kumar and Ajay Kumar have been convicted under Sec. 307 of the Indian Penal Code and Sec. 27 of the Arms Act and they have been sentenced to undergo rigorous imprisonment for seven years and two years, respectively, whereas appellant No. 2 Sanjay Kumar has been convicted under Sec. 326 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years.

3. The prosecution case, according to the fardbeyan of one Fekan Sharma, is as follows; On 20.6.1982 at about 8 A.M. one Gamalal Sharma with pipe gun in his hand, Vijay Kumar Sharma with licensed gun. Ajay Kumar Sharma with pipe gun and Sanjay Kumar Sharma with sword came to the field of Awadh Bihari Singh; Bhikhari Singh and Lalbabu Singh in village Sarasai and uprooted the Marai (hut) and demolished it. Therefore, they were getting the field ploughed by one Bankey Paswan. At 9.30 A.M., the brother of Fekan Sharma, Arun Kumar Singh, Sunil Kumar Singh, Lalbabu Singh and his cousin (Fekans cousin) Bhulari Singh alias Harendra Singh, Ramnandan Singh, Binod Singh, Chitranjan Sharma