The identification of appellants in a large, aggressive mob was doubtful, leading to their acquittal, while the specific roles assigned to Barho Beldar and Jawahar Beldar by the prosecution witnesses and corroborating evidence led to their conviction.

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 Chandi Nagar Nausa police-station on 28.1.1989 at 1-20 p.m. alleging therein that the mob of 500 persons started surrounding the village Goraipur at about 10 a.m. The members of the mob started hurling abuses and exhorting the villagers to come out. In the meantimes, one unknown person, while fleeing towards the south-east was caught hold of in the corner of Machharhatta Mahua Khandha and was shot at by Barho Beldar. This unidentified man was later on identified as Ram Chandra Paswan. Another unknown person was shot at by Jawahar Beldar. One person belonging to village Kaila was assaulted with lathi and garasa by the members of the mob. He fell down in the Pyne south of the village and became unconscious. In the meantime, police also arrived and on their arrival members of the mob, armed with lathi and garasa started fleeing away but those who were armed with rifle started firing. Counter firing was made from the side of the police and the accused thereafter fled towards village Chistipur. The unidenti-fied #24;injured person of village Kaila was sent to hospital for treatment by the police. The accused persons were the villagers of Chistipur, Sulemanchak, Sone Bhadra and other adjacent villages. The motive for the occurrence is that tension prevailed between Dushadh and Beldar community of the locality as persons belonging to Beldar community of village Netar and Telpar had been killed some days ago. Earlier also one person from Dushadh community of village Jagatpur was killed by Beldars. Occurrence was witnessed by Ramdeo Paswan, Raj Kumar Paswan, Chandrash-war Paswan. Rambabu Paswan and others. Occurrence took place because of cast rivalry.

3. On the basis of the fardbeyan Chandi (Nagar Nausa) police station case No. 136 of 1989 was instituted for offence under Secs. 147, 148, 149, 302/34 of the Indian Penal Code as well as under Sec. 27 of the Arms Act. Case was instituted against 17 named accused persons who are all residents of village Goraipur. The police started investigation in the case and during investigation some unnamed persons were also made accused on the basis of the statement of the witnesses. Test identification parade was held and on account of identification made in the Test Identification Parade, subsequently, 12 more persons were impleaded in the category of accused who were identified by five witnesses in the Test Identification Parade. The police after investigation submitted charge-sheet against 25 persons. Out of whom two persons died. On receipt of charge-sheet cognizance was taken and case of 23 accused persons was committed to the Court of Sessions for trial. On conclusion of trial the accused persons were con-victed as stated above.

4. Defence of the accused/appe-llants was of innocence and false impli-cation on account o