S.N. JHA, J.:- There are 22 appellants in these two appeals 15 in Cr. Appeal 268/87 and 7 in Cr. Appeal 276/87. All of them have been convicted under section 302/149 Indian Penal Code and sentenced to rigorous imprisonment for life, and further convicted under section 427 of the Penal Code and sentenced to rigorous imprisonment for two years. Except appellants nos.8, 9, 10, 11, 12 and 15 of Cr. Appeal No. 268/87 who have been convicted under section 147 of the Penal Code and sentenced to rigorous imprisonment for one year, other appellants have been convicted under section 148 of the Penal Code and sentenced to rigorous imprisonment for two years.

2. It may be stated here that appellant no. 6 of Cr. Appeal 268/87, namely, Balmiki Rai and appellant nos. 2 and 3 of Cr. Appeal 276/87, namely, Dwarika Rai and Kalidas Rai are reported to have died during pendency of these appeals and accordingly the appeals were heard on behalf of the rest of the appellants alone.

3. The prosecution case, briefly stated, is as follows. On 17.1.80 at about 2.30 P.M. appellants Dwarika Rai, Kalidas Rai, Sukho Rai and Naresh Rai were uprooting Masur (lentil) crops in the filed of Nato Rai, situate at Sarhan Tal (at some places described as Sarhan Bahiar). Ramkishun Paswan, his labourer, informed him about the aforesaid act Nato Rai along with his brothers, Naresh Rai, Siyaram Rai, Suresh Rai and Karu Rai and said Ramkishun Paswan went there at about 4 P.M. They found all the appellants, one Dularchand Rai and others engaged in uprooting of the crops. They were variously armed with guns, saif, garasa, Bhala and lathis. The informant and his brothers protested against the act. Appellant Sukho Rai abused them and asked others to teach them lesson for purchasing the land. Sukho Rai and Dwarika Rai then ordered to kill, whereupon Dularchand Rai and Kalidas fired from their guns. Nato Rai and others fled. The appellants, however, chased catching them up at a distance of about 250 yards in the fields of Kunj Bihari Rai and Biso Rai and assaulted them. I shall refer to the specific case regarding manner of assault later. Continuing the sequence of events, the assault caused injuries to all the five brothers. People gathered at the place of occurrence and, thereafter the accused persons fled away. Naresh Rai later succumbed to injuries.

4. The occurrence was reported by Nato Rai to the Officer-in-charge, Pandarak P.S., S.I. Mahendra Prasad, on the same day at 7.30 P.M at his (informant’s) house. He stated that Suresh Rai, Karu Rai and Siyaram Rai had been taken to Nazrat hospital at Mokamah and the dead body of Naresh Rai had been brought to the house. He further stated that the cause of occurrence was dispute with respect to Masur field and other fields having area of 13 kathas for which case was pending before the Sub-divisional Officer, Barh. He also stated that on account of the said dispute there was serious enmity between them.

5. On the basis of the above said fardbayan Pandarak P.S. Case No.3 dated 17.1.80 was instituted in which at the end of investigation chargesheet was submitted against the appellants.

6. At the trial which followed after the usual commitment etc. the prosecution examined as many as 17 witnesses to prove its case. Out of them P.Ws. 5, 6, 7, 13, 15 and 17 were formal witnesses. Dr. B.K. Setty who examined injuries on Suresh Rai, Karu Rai and Siyaram Rai, was examined as P.W. 10. Dr. Baldeo Pd. Singh who examined the injuries on Nato Rai, was examined as P.W. 12. Dr. Digambar Jha who held the post mortem on deceased Naresh Rai was examined as P.W.14. S.I. Hari Bans Rai, who took the investigation from S.I. Mahendra Prasad and submitted chargesheet after completing the investigation, was examined as P.W. 16. (the main I.O. namely S.I. Mahendra Prasad was not examined as from the judgment it appears that he had died). The injured i.e. Suresh Rai, Karu Rai, Nato Rai (informant) and Siyaram Rai were examined as P.Ws. 4, 8, 9 and 11. R