1. The appeal has been preferred by the appellants against the judgment and order dated 30-4-87 passed by the 1st Addl. Sessions Judge, Bhagalpur in S.T. No. 78/75 whereby the appellants have been convicted for the offence under S. 302/149 of the Indian Penal Code and sentenced to undergo imprisonment for life, Appellants Gholtan Mandal, Ram Swaroop Mandal, Ghotan Mandal alias Chittu Mandal, Bhola Mandal, Uttam Mandal, Ganesh Mandal, and Miri Mandal have further been convicted for the offence under S. 147 of the Indian Penal Code and they have been sentenced to undergo rigorous imprisonment for six months. Appellants Punit Mandal, Prahlad Mandal, Babulal Mandal and Jagdish Mandal have further been convicted for the offence under S. 148 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for one year.

2. The prosecution case is that on 17-3-1974 at about 7 p.m. one Gholtan Yadav gave his furdbeyan that at about 4 p.m. he was tending his cattle in the west of the village, wife of Meghan Das came and informed that Sonu Yadav was being assaulted. He went near the house of Sudin Mandal and saw his nephew Sonu Yadav lying on the ground in injured con