P. S. Mishra, J.

Criminal appeals by the convicted persons and the two Government Appeals, one against acquittal and the other for enhancement of sentence, arise out of a common judgment and raise contentions both of facts and law which overlap each other. They have been heard together and are being disposed of by a common judgment,

2. In an occurrence taking place on 25.12.1978 in village Usrahi. P.S. Jainagar, District Madhubani, 4 persons were killed and many other persons sustained injuries by lethal weapons. The occurrence took place at about 7 a.m. over a ridge between revisional survey plot nos. 10425 and 10426, area 4 kathas 2 Dhurs belonged to P.W. 22, Rajgir Gohiwar. He had grown sugarcane in the said field and the crop had been cut and removed by him before the occurrence. Survey plot no. 10425 having an area of 10 kathas belonged to Mahadeo Yadav (accused appellant) and he was in possession there of. He had grown wheat in the eastern half of the said land and there were small plant of wheat present when the occurrence took place. He had also grown Tisi and khesari plants in the other half Another plot in the vicinity (plot no 10424) belonged to Sonfi Yadav in whi