By the Court.-Jawahir Yadava and his brother Hira Yadava have preferred this appeal against the judgment of conviction and order of sentence dated 3.7.1989 passed by the learned 5th Additional Sessions Judge, Rohtas at Sasaram in Sessions Trial No. 316 of 1983, G.R. Case No. 2337 of 1982 (Rohtas P.S. Case No. 76 of 1982) by which the appellants have been convicted under Section 302/34, I.P.C. and have been sentenced to rigorous imprisonment for life. The appellant No.1 Jawahir Yadava has further been convicted under Section 323, I.P.C. and sentenced to undergo rigorous imprisonment for one month and his sentence has been ordered to run concurrently.

2. The prosecution case relates to an occurrence of 26.10.1982 at 8 p.m. At that time informant (Gurucharan Yadav) PW 8 was sitting at his outhouse along with his family members. Villagers Jawahir Yadava and Hira Yadava, who are appellants here, came abusing and inquired about Rekha Yadav because he has uprooted some crops from the ridge of informant PW 8. Informant's bhabhi (PW 4) intervened. The accused persons who are appellants here entered inside the house and assaulted by means of lathi. The informant intervened and pacifie