S.N.Pathak, J.

1. This appeal is directed against the judgment dated 29-8-1991, passed by the Additional Sessions Judge-l, Patna, in Sessions Trial No. 89 of 1984. Appellants Shamsher Ram and Lallan Ram alias Lalan Ram were convicted u/s. 364 of the Indian Penal Code, 1860 and were sentenced to undergo R. I. for five years. They were further convicted under Secs. 326/149 of the Indian Penal Code, 1860 and were sentenced to undergo R. I. for five years. These two appellants were further convicted and sentenced under Sec. 147 of the Indian Penal Code, 1860 to undergo R.I. for six months. All the sentences awarded against them were directed to run concurrently. The appellant Dinesh Ram was convicted u/s. 326 of the Indian Penal Code, 1860 and was sentenced to undergo R.I. for five years. He was further convicted u/s. 148 of the lPC. He was sentenced to undergo R.I. for one year, his sentences running concurrently.

2. The case of the prosecution was projected through the fardbeyan of one Manogi Ram, who alleged in his fardbeyan (Ext-4), that on 7-6-1978, he came to Bihta by a Mini Bus and alighted from the Bus to the south of the Railway Gumuti. Suddenly his villager Shamsher R