Mridula Mishra, J.

1. All five appeals have been preferred by the appellants against the judgment and order of conviction dated 17.2.2001 passed by 2nd Additional Sessions Judge, Hilsa, Nalanda, in Sessions Trial No. 190 of 1989. Appellants Barho Beldar and Jawahar Beldar in Criminal Appeal No. 209 of 2001 have been convicted under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprison-ment for life. They have further been sentenced rigorous imprisonment for one year for offence under Sec. 148 of the Indian Penal Code and they have also been sentenced for three years rigorous imprisonment for offence under Sec. 27 of the Arms Act. Rest of the appellants in all other four appeals have been convicted under Sec. 320/149 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life as well as under Sec. 147 of the Indian Penal Code and have been sentenced simple imprisonment for one year.

2. Cast rivalry between Dushadh and Beldars of village Goraipur as well as adjacent villages was the reason behind the occurrence which took place on 28.1.1989 at 10 a.m. at village Goraipur. Upendra Paswan (PW 4) recorded his fardbeyan before the ASI C