Dharnidhar Jha, J.

1. Appellants Shailendra Singh (appellant in Cr. Appeal No. 510 of 2002), Kishundeo Singh, Ramdeo Singh (appellants in Cr. Appeal No. 588 of 2002) and Ramcharan Singh (appellant in Cr. Appeal No. 642 of 2002) along with other persons, namely, Bimai Singh, Dipak Ram and Jogendra Singh were put on trial for the charges under Sections 148/302/149 and 307/149 of the Indian Penal Code and were found guilty of committing those offences by the Presiding Officer, Additional Court No. 2 (Fast Track Court), Patna, in Sessions Trial No. 662 of 1986/260 of 2001 by judgment and order of conviction passed on 7.8.2002. The aforesaid appellants were awarded rigorous imprisonment for two years for their individual convictions under Sections 148 and rigorous imprisonment for five years for their individual convictions under Section 307/149 of the Indian Penal Code. Appellants Shailendra Singh (appellant in Cr. Appeal No. 510 of 2002)) Kishundeo Singh and Ramdeo Singh(appellants in Cr. Appeal No. 588 of 2002) were awarded rigorous imprisonment for life under Sections 302/149 of the Indian Penal Code and appellant Ramcharan Singh (appellant in Cr. Appeal No. 642 of 2002) was found guilty of committing offence also under Section 302 of the Indian Penal Code and separately sentenced to undergo rigorous imprisonment for life for committing that particular offence. The other three accused, Bimal Singh, Dipak Ram and Jogendra singh, were not found guilty and were acquitted by the same judgment. The above judgment and order of conviction are being assailed by these four appellants in these three appeals which are being disposed of by the present judgment.

2. The prosecution case is contained in the F.I.R. (Ext.4) lodged by P.W.7, Jag Narain Pandit in which he alleged that at about 5.30 A.M. on 26.5.1984 the F.I.R. named accused persons along with 15-20 others came out of the house of appellant Ramcharan Singh with country made guns and pistols and started dismantling his Marai. They also started firing shots from their weapons upon which Jagarnath Pandit, the brother of the informant, who was preparing soil (informant is a potter) as also Surendra Pandit, who was the nephew of the informant and was making rope, ran into their house. Ram Prakash Pandit who was the son of aforesaid Jagarnath Pandit and who was cutting tiles was shot at many times by appellant Ramcharan Singh which hit him. Appellants Shailendra Singh, Kishundeo Singh and Ramdeo Singh entered inside the house of the informant Jagarnath Pandit (not examined) who was shot at and injured by appellant Kishundeo Singh who fell down in the verandah. Phulwa Devi (not examined) the wife of Devendra Pandit was shot at and injured by appellant Shailendra Singh by his country made pistol. Appellant Ramdeo Singh fired from his country made gun at Devendra Pandit (not examined) and Sushila Devi (P.W. 5) as also at Jag Narain Pandit and they were badly injured. Jai Prakash Pandit (P.W. 1) who was attempting to get out of the Darwaja was shot at and injured badly by appellant Ramcharan Singh. It is alleged that all the accused accompanying appellant Ramcharan Singh were firing shots continuously as also threw brick bats and lastly, went away with an ox but the same was resisted by the herdsmen and as such the ox was abandoned by the accused persons.

3. It was stated in the F.I.R. that the informant and his family members had erected a Marai in front of the Darwaja of the appellants and were sitting there on cots, as such the occurrence.

4. The case was investigated into and the accused persons, as indicated in the first paragraph of the judgment, were put on trial for the offences as noted above and ultimately the trial ended in the acquittal of the three accused persons and conviction of the four appellants for the offences with imposition of sentences as noted above.

5. The defence of the appellants in the court below was of complete denial of participation as also that, in