Shyam Kishore Sharma, J.

1. The appellants named above have preferred this appeal against the judgment of conviction and order of sentence dated 22nd and 24th December, 2003 respectively passed in Sessions Trial No. 266 of 1999 by the learned Additional Sessions Judge, F.T.C. No. II, East Champaran, Motihari whereby appellant Abhimanyu Singh @ Munu Singh was found guilty under Section 302 of the Indian Penal Code and Section 27 of the Arms Act and rest eight appellants were convicted under Sections 302/149 of the Indian Penal Code. Appellants Sajan Singh, Ranjan Singh, Mani Singh and Bachcha Singh were found guilty under Section 147 of the Indian Penal Code. Appellants Arbind Singh, Ramu Singh, Sanjeev Singh, Raghvendra Singh and Abhimanyu Singh were found guilty under Section 148 of the Indian Penal Code and all the appellants were found guilty under Sections 447, 341 and 504 of the Indian Penal Code. Abhimanyu Singh @ Munu Singh was sentenced to undergo rigorous imprisonment for life under Section 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 27 of the Arms Act. Appellants Arbind Singh @ Lalbabu Singh, Ramu Singh, Sanjeev Singh, Sanjan Singh, Ranjan Singh, Bachcha Singh, Raghvendra Pd. Singh and Mani Singh were sentenced to undergo imprisonment for life under Sections 302/149 of the Indian Penal Code. Appellants Sanjan Singh, Ranjan Singh, Mani Singh and Bachcha Singh were sentenced to undergo rigorous imprisonment for two years under Section 147 of the Indian Penal Code. Appellants Arbind Singh, Ramu Singh, Sanjeev Singh, Raghvendra Singh and Abhimanyu Singh were further sentenced to undergo rigorous imprisonment for three years under Section 148 of the Indian Penal Code. All the appellants were sentenced to undergo simple imprisonment for three months each under Section 447 of the Indian Penal Code and simple imprisonment one month each under Section 341 of the Indian Penal Code and rigorous imprisonment for one year each under Section 504 of the Indian Penal Code. It was ordered that all the sentences will run concurrently.

2. Fard-beyan for the occurrence of 12.8.1998 at 5 P.M. was recorded by J. Paswan Sub-Inspector of Motihari Police Station at 10.00 AM on 13.8.1998 at Sadar Hospital, Mothiari. Informant Madan Kumar Singh has given his fard beyan in presence of his father, uncle and brother Ratneshwar @ Raja Singh that in the preceding day at 5.00 P.M. he was sitting at his Darwaja and was taking breakfast with his brother Tripurari Singh. Suddenly Arbind @ Lalbabu singh, Ramu Singh, Sanjiva singh @ chunu Singh, Sanjan Singh, Ranjan Singh, Bachha Singh, Raghvendra Singh @ Chotan Singh, Abhibanyu Singh @ Manu Singh and Mani Singh having lathi, Bhala and Nalkati (a country made pistol) came. At that time Arbind @ Lalbabu Singh, Raghvendra @ Chotan singh were armed with Farsa whereas Ramu Singh, Sanjiva Singh @ Chunu Singh were armed with Bhala. Sanjan Singh, Ranjan singh, Bachha Singh, Mani Singh were armed with lathi and Abhinayu Singh @ Munu Singh was armed with country made pistol. Suddenly the accused persons started uprooting the Berhi (grain Storage) of the informant. The informant and his younger brother Tripurari agitated and asked them not to uproot the Berhi. Allegation is that Ragwendra Singh ordered the accused persons to kill the informant and his brother. Thereafter, Tripurari fled towards Dalan but he was caught by Arbind @ Lalbabu Singh and Ramu Singh and was pulled and brought near Berhi where he was assaulted. The informant and his younger brother cried and put some resistance on which Ratneshwar Singh, Chandeshwar^Singh, Bachhu singh, Jotik Ram and others came. In the mean while at the behest of Raghwendra @ Chotan Singh for killing Tirpurari Singh accused Abhimanyu @ Manu Singh fired from his country made pistol from short range hitting Tirpurari Singh who fell down and became unconscious. The blood started oozing from his head. Accused persons thereafte