Sudhir Kumar Katriar, J.

1. The six appellants have preferred the six appeals arising out of a common judgment dated 22.2.1988, passed by the learned 2nd Additional Sessions Judge, Nalanda at Biharsharif, in Sessions Trial No. 258 of 1986/10 of 1987 (The State of Bihar V/s. Shailendra Mahton and five Ors.), whereby Arun Mahto alias Arun Kumar has been convicted under Section 302 of the Indian Penal Code. The remaining appellants, namely, Krishna Murari Mahton alias Krishna Murari Prasad, Shailendra Mahton alias Shailendra Prasad, Bahadur Mahto alias Interjit alias Inderjit Singh, Kaushlendra Prasad alias Kaushal Mahton, and Surendra Prasad alias Suli Mahton have been convicted under Section 302 read with Section 34 of the IPC. All the six appellants have been sentenced to undergo rigorous imprisonment for life.

2. The prosecution case is that on 7.3.1986, at 10.45 A.M., the informant Budhram Prasad (P.W.6), along with deceased Vijay Yadav got into a Rajya Transport bus bearing No. BHY 1355, at village Nakatpura to go to village Poj. When the bus reached village Muhammadpur, the accused persons came on two motor-cycles from the west and stopped their motorcycles in front of the bus. They threatened the driver that he would be done to death if he drove the bus ahead. Accused Arun Mahton, Shailendra Mahton, and Bahadur Mahton had arrived on one motor-cycle, and Kaushal Mahton, Surendra Prasad alias Suli, and one more accused whose name he did not remember at that time had approached on another motor-cycle. Accused Arun Mahton, Shailendra Mahton and Kaushal Mahto were armed with rifles. Accused Bahadur Mahton and one other accused whose name was not known to the informant were wielding guns. Accused Surendra Prasad alias Suli was armed with a country-made pistol in his hand. All the accused persons got down from the motor-cycles and surrounded the bus. In the meantime, five to six persons emerged from the medicine shop of Dr. Ramnandan Prasad and came near the bus. Some of them were armed with pistols. They asked the passengers of that bus to get down. The accused persons did not allow Vijay Yadav to get down from the bus. The informant got down from the bus out of fear. When all the passengers of the bus got down and only Vijay Yadav was left in it, accused Arun Mahton fired the first shot from his rifle on Vijay Yadav. After him accused Shailendra Mahton, Kaushal Mahton, Bahadur Mahton and Surendra Mahton also fired from the fire-arms they were wielding, at Vijay Yadav due to which he died in the bus itself. Thereafter all the accused persons left the place on their motorcycles. While the accused persons were fleeing away, one motor-cycle fell on the ground and the accused persons fled away towards Sherpur, leaving behind the motor-cycle. Many residents of Nakatpura including Lakhana Yadav, Baudhu Yadav, Misar Yadav and others were present there and had witnessed the occurrence. It has been alleged that murder of one Sudhir Mahton a few years ago was the motive for the occurrence. It was suspected that the deceased had his hand in the murder of Sudhir Mahton leading to the retaliation in the murder of Vijay Yadav. The Fardbeyan (Ext.2) of P.W.6 was recorded by J.K. Sharma, S.I. of Police of Asthawan P.S., on 7.3.1986, at 12.00 P.M, at village Muhammadpur on the basis of which formal F.I.R. (Ext.3) was drawn.

3. Investigation commenced. After completion of investigation charge-sheet was submitted, cognizance of the alleged offences was taken and the case was committed to the court of sessions. Charge against Arun Mahton was framed under Section 302 of the IPC as well as Section 27 of the Arms Act. Charges were framed against the remaining accused persons under Section 302 read with Section 34 of the IPC. Charges were framed and explained to the accused persons. They pleaded not guilty and claimed to be tried. The defence of the accused persons was that they have been falsely implicated in this case due to enmity.

4. The p