Dharnidhar Jha and Akhilesh Chandra and jj. JJ.

1. Eight accused persons were charged together for committing the murder of Hare Krishna Singh in furtherance of their common intention. Besides, the two appellants before us, Ragho Mahton, Chulhan Mahton alias Mahendra Prasad and acquitted Bijendra Mahton were charged separately together under Sec.302 of the Penal Code. The appellants as also acquitted accused Subhash Mahton, Jhulli Mahton, and Kishore Mahton were charged but separately together for committing offence under Sec.323 of the Penal Code and Sec.27 of the Arms Act. The trial was held in Sessions Trial no.38 of 1984 by the judgment dated 10th May, 1988. Six accused persons were acquitted but two appellants before us, Ragho Mahton and Chulhan Mahton alias Mahendra Mahton were found guilty for committing offence under Sec.302 of the Penal Code and Sec.27 of the Arms Act and were accordingly directed to undergo rigorous imprisonment for life under Sec.302 of the Indian Penal Code. No sentence was passed against the appellants for their conviction under Sec.27 of the Arms Act. The present appeal brings into question the judgment of conviction aforesaid.

2. P. W.3, Ram