Ashwani Kumar Singh, J. – The appellants have filed the present appeal again.3t the judgment and order dated 15.2.1989 passed by the learned IInd Additional Sessions Judge. Saharsa in Sessions Trial No. 22 of 1978 whereby he has convicted the appellant No.6 (Baijnath Yadav). under Sections 302. 323. 448 and 148 of the Indian Penal Code and has sentenced him to under R.I. for life. six months each and one year respectively. The appellant No. 1. Anant Lal Yadav. appellant No. 2. Janki Yadav, appellant No.3. Chhedi Yadav, appellant No.4. Ram Bharosh Yadav, appellant No.5. Bindeshwart Yadav, appellant No.7. Narain Yadav and appellant No.8. Fuleshwar Yadav have been convicted under Sections 3002/149. 323 and 448 of the Indian Penal Code and have been sentenced to undergo R.I. for life and six months each respectively. The appellant No.3 (Chhedi Yadav) has further been convicted and sentenced to undergo R.I. for one year for the offence under Section 148 of the Indian Penal Code. The appellant Nos. 1, 2, 4, 5, 7 & 8 have also been convicted and sentenced to undergo R.I. for one year for the offence under Section 147 of the Indian Penal Code. The trial Court has ordered that all sentences would run concurrently.

2. The prosecution case in brief according to Chhutahru Yadav (PW 9) whose oral statement was recorded on 15.1.1977 at 7:00 a.m. and is the basis for instituting F.I.R. is that the appellants. Bindeshwari Yadav and Baijnath Yadav were irrigating their wheat crops and in that process "GOITHA" of informant's brother. Dhuthar Yadav got wet as a result of which, an altercation took place between them. However, they went to their respective houses. Sometimes, thereafter, all these appellants together with 8-10 unknown persons variously armed with pharsa, bhala, teer (Arrow) and lathi came to the door of the informant and the appellant Baijnath Yadav gave afarsa blow on the forehead of deceased. Panchu Yadav who was milking buffalo as a result of which, he fell down. Thereafter, the appellant, Anant Lal Yadav, Narain Yadav and Bindeshwari Yadav assaulted hiri1 by lathi. When the informant and Dhuthar Yadav came in rescue of Panchu Yadav then, appellant, Janki Yadav, Chhedi Yadav, Ram Bharosh Yadav, Fuleshwar Yadav and others are alleged to have assaulted them indiscriminately by lathi. They made hue and cry and ran towards their house. The appellants chased them. They entered inside the house and removed one lata, one thali and some clothes from his house. Thereafter, Panchu Yadav was carried to hospital in an unconscious stage.

3. On the basis of aforesaid allegations, initially, case was registered under Sections 148. 149, 326, 324, 307 & 380 of the Indian Penal Code. In course of treatment, Panchu Yadav died in hospital on 17.1.1977 and thus, on completion of investigation charge-sheet was submitted on 21.6.1977 against the appellants under Sections 147, 148, 149, 302, 323 and 448 of the Indian Penal Code. The learned S.D.J.M., Supaul took cognizance of the offence and committed the case to the Court of Sessions.

4. Since the appellants did not plead guilty charges were framed against them and they were put on trial. Appellant No.6. Baijnath Yadav was charged under Section 302. IPC for committing murder. All other appellants were charged under Section 302 read with Section 149 of the Indian Penal Code for being members of' an unlawful assembly in prosecution of common object for causing death of Panchu yadav. The appellant Baijhath Yadav and Chhedi Yadav were further charged under Section 148. IPC for being members of unlawful assembly having been in possession of deadly weapons/toois. such as farsa and kudal respectively. The appellants, Anant Lal Yadav. Bindeshwari Yadav, Narain Yadav, Janki Yadav, Ram Bharosh Yadav and Fuleshwar Yadav were also charged for the offence under Section 147 of the IPC for being members of unlawful assembly armed with lathi. All the appellants were further charged for the offence under Secti