Chandramauli Kr.Pd., J.

1. All the appellants of Criminal Appeal No. 566 of 1993, being aggrieved by their conviction for offence under Sections 302/149, 436/149, 380/149 and 323/149 of the Indian Penal Code and sentence of rigorous imprisonment for life, five years, two years and one year respectively and appellant Surang Lal Yadav being further aggrieved by his conviction under Sec.147 of the Indian Penal Code and sentence of rigorous imprisonment for six months by judgment dated 30.11.1993 passed by the 8th Additional Sessions Judge, Purnia in Sessions Trial No. 28 of 1978 and sole appellant Chandra Hansda of Criminal Appeal No. 45 of 1996 being aggrieved by his conviction under Sections 302/149, 436/149 and 147 of the Indian Penal Code and sentence of rigorous imprisonment for life, seven years and one year respectively by judgment dated 23.1.1996 passed by the 2nd Additional.Sessions Judge, Purnia in Supplementary Sessions Trial No. 28 of 1979, have preferred these appeals.

2. On 25.9.1974 the Badhyas (a Muslim minority) of village Singhimari awaiting the sun to rise, saw a mob of 300-400 persons mostly Santhals variously armed with bows and arrows, ballam, bhala, kulhari, dabia and burning flames led by appellant Surang Lal Yadav riding on a horse back and armed with sword. It started looting the properties of the villagers, setting their houses on fire and killing the innocent persons indiscriminately. In the occurrence fourteen persons have been killed, forty-seven houses have been burnt and properties looted. The criminal case was set in motion by P.W. 2 Amzad Ali, who gave a written report to the Assistant Sub-Inspector of Police on 25.9.1974 at 1 P.M. in the village Singhimari and according to that on 25.9.1974 in the morning appellant Surang Lal Yadav on a horse back with sword in his hand, with a mob of about 400 mostly Santhals, all armed with bows and arrows, ballam, bhala, kulhari, dabia and burning flame raided village Singhimari, set the houses ablaze, chopped of the heads of villagers and looted away the properties. In the first information report, the informant claimed to have identified 33 persons and the names of those persons identified have been mentioned in the written report which include the name of all the appellants, excluding appellant no. 4 of Cr. Appeal No. 566 of 1993, i.e. Kalu Rajbanshi and sole appellant Chandra Hansda in Cr. Appeal No. 45 of 1996. In the written report, it was further alleged that the mob invaded several tolas and lastly it went to Janta Hat were Rampal Singh and his sisters son Ramratan Singh were done to death and their shops looted alongwith the shops of Munilal Choudhary, Uzir Yadav and Devendra Yadav.

3. On the basis of the aforesaid report, the police took up investigation and during the investigation it was found that the occurrence had taken place in various tolas, namely, Lohakanti, Haribhitha, Simaldangi, Haldibari and Janta Hat, which are commonly known as Singhimari. It also came during the investigation that seven persons were killed in village Lohakanti, five persons in village Haribhitha and two persons in village Janta Hat. Apart from that, 47 houses were found to be burnt in these villages and the movable properties looted.

4. Police after investigation submitted charge-sheet against several persons including the appellants and many others showing them as absconders. Ultimately 27 persons including the appellants were committed to the Court of Sessions to face the trial. The trial commenced by framing charge against 18 accused persons including the appellants as the remaining accused persons committed to the Court of Sessions to face trial had jumped bail and absconded. Ultimately the statements of seven accused persons (Appellants in Criminal Appeal No. 566 of 1993) and that of Chandra Hansda (Appellant in Criminal Appeal No. 45 of 1996) were recorded under Sec.313 of the Code of Criminal Procedure, but thereafter Chandra Hansda absconded and his t