DHARNIDHAR JHA, J.

1. Nine accused persons were jointly charged for offences under Sections 147, 302/149 of the Indian Penal Code by the 3rd Addi- tional Sessions Judge, Vaishali at Hajipur in Sessions Trial No. 286 of 1990. Sidhi Singh was separately charged under Sec- tion 302 of the Indian Penal Code and Section 27 of the Arms Act. Similarly ac- cused Daroga Singh was also charged with Sidhi Singh under Sec. 302 of the Indian Penal Code. Both accused Sidhi Singh and Daroga Singh were further charged along with third accused Mithilesh Singh under Sec. 148 of the Indian Penal Code. Mithilesh Singh was sepa- rately charged under Sec. 324 of the Indian Penal Code. Four out of the nine accused namely Asharfi Singh, Awadhesh Singh, Ram Pukar Singh and Bhagwat Singh were jointly charged under Section 380 I.P.C. The nine accused persons namely Asharfi Singh, Shalik Singh @ Shaligram Singh, Ram Pukar Singh, Bhagat Singh, Awadhesh Singh, Kusheshwar Singh, Sidhi Singh, Mithilesh Singh and Daroga Singh were found guilty of commit- ting various offences by the learned Judge by the judgment and order of conviction dated 16.10.1993. Accused Sidhi Singh, Mithlesh Singh and Daroga Singh