Chandramauli Kr.Prasad, J.

1. All these appeals arise out of the same judgment and, as such, they were heard together and are being disposed of by this common judgment.

2. Appellants, altogether 27 in number, have preferred these appeals against the judgment and order dated 3rd of August, 2001, passed by the Additional Sessions Judge, Bhagalpur in Sessions Trial No. 592 of 1992 (T.R. No. 80 of 1995), whereby he has held all the appellants excluding sole appellant Niranjan Yadav of Criminal Appeal No. 437 of 2001 guilty under Sec.302/149 of the Indian Penal Code. Niranjan Yadav has been found guilty under Sec.302 of the Indian Penal Code simplicitor. By the said judgment, appellants Niranjan Yadav, Sri Mohan Yadav @ Mohan Yadav (Appellants of Cr. Appeal No. 400 of 2001), Umesh Yadav (sole appellant in Cr. Appeal No. 492 of 2001), Manth Lal Yadav and Anandi Prasad Yadav (Appellants in Cr. Appeal No. 412 of 2001) have also been found guilty under Sec.27 of the Arms Act, Appellant Niranjan Yadav found guilty of offence under Sec.302 of the Indian Penal Code has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 (five thousand), in default to undergo rigorous imprisonment for six months. All other appellants found guilty of offence under Sec.302/149 of the Indian Penal Code have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-(one thousand) each, in default to suffer rigorous imprisonment for three months. Those appellants found guilty of offence under Sec.27 of the Arms Act have been sentenced to undergo rigorous imprisonment for three years. Sentences were directed to run concurrently.

3. Prosecution started on the basis of a fardbeyan (Ext.6) given by Lalan Kumar Yadav (P.W.7) before the Assistant Sub Inspector of Police, Jokhu Singh of Jagdishpur Police Station (P.W.11) on 21.4.1991 at Chichori Pokhar Bahiyar in village Koili within police Station Jagdishpur in the district of Bhagalpur. According to the informant 4-5 days prior to the date of incident i.e. 21.4.1991 38-39 poles were dropped at village Koili for electrification. Those poles were removed by the appellants herein besides other persons, who belonged to village Khutha and were taken to their village. Two days after the poles were removed by the appellants and other accused persons to village Khutha; Mukhiya, Ashok Kumar Yadav, came alongwith the Engineer of the Electricity Department to make inquiry about the whereabouts of the poles. His cousin P.W.5 Diwakar Yadav informed the Mukhiya and the Overseer that the appellants besides other persons whose names have been disclosed in the First Information Report had lifted the poles.

4. Appellants being annoyed on that account, alongwith other 8 to 10 persons, came to the residence of his cousin Diwakar Yadav at 8.30 a.m., surrounded his house and protested as to why he had disclosed their names and stated that he shall be killed. According to the First Information Report, appellant Niranjan Yadav was armed with rifle, whereas appellants Manth Lal Yadav and Anandi Prasad Yadav were armed with Muskets. Appellant Umesh Yadav is alleged to have been armed with a single barrel gun and all other persons armed with small or big arms. At that time his cousin (Puhphera Bhai) Ranjit Kumar Yadav also of village Khutha came there on a Motorcycle and asked the accused persons to stop doing illegal act, whereupon appellant Niranjan Yadav caught hold of him and started saying that he shall be killed. Thereafter all the accused persons dragged Ranjit Kumar Yadav towards the Bahiyar (field outside the village) and threatened to kill him. In order to save him P.W.8 Mahendra Yadav also went alongwith him and requested the accused persons to leave him but they took him in the Bahiyar, Seeing this, the informant alongwith P.W.1 Ashwani Kumar, P.W.2 Bibash Chandra Yadav, P.W.4 Sahilendra Kumar Yadav and P.W.6 Dilip Kumar Yadav besides other villagers of Koili followed the