P.N. YADAV, J.

The deceased Bhola Singh had on 6.2.1985 gone to his field situated to, the north of the canal running in east west direction. He uprooted crops of pea and set out for his house with a bundle of the crops over his head. At about 2 P.M., he enroute to his house reached south line canal wherefrom the National High way running in north south direction passed. Just then all on a sudden the appellants arrived there on a tractor from north side. The Tractor with the appellants aboard turned towards the canal and stopped. The appellants were armed with rifle and guns. No sooner had they arrived there than the appellant Uday Rai ordered and instigated the other appellants to open fire upon the deceased Bhola Singh with intent to killing him. In pursuance of his order and instigation the appellant Birendra Rai opened fire from his rifle causing injury to the deceased. After he fell down, the appellants Kedar Rai, Govind Rai @ Om PrakaSh Ral, Uday Rai and Uma Shanka; Pandey also resorted to firing from their guns causing injuries to him. The deceased Bhola Singh succumbed to the injuries so inflicted on him instantaneously on the spot. The appellant then retreated towards the village Puhupee brandishing their arms and opening fire, H18 incident leading to the death of the deceased was put to an end in a sequel to land dispute between the appellants and the deceased.

2. Certain shops including tea stalls situated near the place of occurrence. Yogendra Singh (P.W. 3) and Ram Bachan Singh the informant (P.W. 4) were sitting in one of the tea shops, which was opened from all sides with no wall on any side of the shop. They witnessed commission of dastardly and gruesome murder of the deceased Bhola Singh. Both P.W. 3 and P.W. 4 rushed to Dinara Police Station situated at a distance of about 8kms from the scene of incident. P.W. 4 set the law in motion by getting his statement recorded by the Sub Inspector of Police at about 3 P.M. on the same day. On the basis of the information lodged by P.W.4 Dinara P.S. Case No. 17 of 1985 under section 302 read with section 34 of the Indian Penal Code (hereinafter to be referred to as the Code) as well as under section 27 of the Arms Act was registered against the appellants.

3. Investigation was taken up. The dead body of the deceased Bhola Singh was sent to mortuary for autopsy. Dr. Sudhir Kumar Singh (P.W. 2) conducted autopsy at about 7 A.M. on 7.2.1985. On receipt of postmortem examination report and completion of investigation the chargesheet was submitted against the appellants and finally the trial commenced after commitment.

4. In order to prove its case the prosecution examined four witnesses. P.W. 1 Jagarnath Singh was a witness to the preparation of inquest report and the seizure of blood stained earth, a blood stained lathi with marks of pillets and the blood stained Chadar of the deceased. He, however, turned hostile and did not support the factum regarding preparation of inquest report and seizure of the aforesaid articles in his presence. P.W. 2 was Dr. Sudhir Kumar Singh who held autopsy on the dead body of the deceased. P.W. 3 Yogendra Singh and P.W. 4 Ram Bachan Singh were eye witnesses to the incident leading to the murder of the deceased.

5. The court of the 5th Additional Sessions Judge, Rohtas at Sasaram presided over by Mr. Ramesh Tiwary after meticulously appreciating the evidence brought on record rendered verdict of guilt and convicted the appellant Birendra Raiunder section 302 of the Code and sentenced him to undergo rigorous imprisonment for life and it convicted the appellants Kedar Rai, Govind Rai @ Om Prakash Rai, Uday Rai and Uma Shankar Pandey under Section 302 read with section 149 of the Code and sentenced them to undergo rigorous imprisonment for life each and it further convicted the appellants Birendra Rai, Uma Shankar Pandey and Govind Rai @ Om Prakash Rai under section 27 of the Arms Act and sentenced each of them to undergo rigorous imprisonme