Anand Prasad Sinha. J,

Appellants Sheo Govind Bin and Ram Awtar Bin have been found guilty for the offence punishable under section1 302 and 302 read with section 149 of the Indian Penal Code respectively and each has been sentenced to undergo imprisonment for life.

2. The prosecution case. briefly stated, is that on 28-6-1976 at about 6.30 a.m. deceased Mangal Singh had gone to the house of Binda Thakur Lohar (P.W. I.) for sharpening the iron blade of plough. The appellants along with others, namely, Asesar, Jamuna, Prahlad, Buni and Madho were sitting at the house of appellant Sheo Govind Bin and were taking among themselves. When the appellants saw Mangal Singh, they all surrounded him on the orders of Asesar Singh. Appellants Sheo Govind Bin and Ram Awtar Bin had caught hold of Mangal Singh along with others and had dragged him to the house of One Parichhan, Binda Thakur (P.W. 1) raised alarm, Bishwanath Singh (P.W. 2) arrived there and he also raised alarm. However, Bishwanath Singh (P.W.2) was assaulted by Bunilal Rai with Lathi on his head and right hand Assesar Singh and Prahlad Rai tried to catch hold of Bishwanath Singh for the purpose of killing him, but Bishwanth Singh managed to run away and at the same time was raising alarm However. Mangal Singh was dragged as stated above and brought near the north facing room of Parichhan and he was pushed down on the ground. Parichhan Bin and appellant Ram Awtar Bin caught hold of Mangal Singh. Appellant Sheo Govind Bin inflicted repeated Garansha blow on his person causing his death at the spot. Informant Ram Swarup Singh (P. W. 7) who had also arrived at the place of occurrence on hearing the alarm, had seen the occurrence and he had tried to save his uncle Mangal Singh. Assesar Singh armed with Lathi and Prahlad Rai having a Pharsa proceeded towards the informant to assault him, Appellant Sheo Govind Bin also ran towards the informant with the blood stained Garansa. However, Mukhia Ganesh Lal (P.W.6) caught hold appellant Sheo Govind Bin and snatched away the blood stained Garansa from his hand. Appellant Ram Autar Bin was caught hold by Bishwansth Singh, while he was trying to run away. Binda Thakur (P.W.1), Bishwanath Singh (P.W. 2), Ramjee Thakur (P.W. 3), Kamal Singh (P.W. 5), Ganesh Prasad Shrivastava (P.W. 6) and others had seen the occurrence. Thereafter, the miscreants had run away.

3. The motive for the assault is stated to be the land dispute between Kamal Sinah and one Assessar Singh and the case was pending in the court, Assessar Singh was under the impression that the informant's family memo hen were helping Kamal Singh in the said case. Assessar Singh was also putting pressure upon the informant, to help him in the land dispute. The informant and his family members did not support him.

4. Ram Swarup Singh (P.W.7) proceeded to Chhauradano police station and he learnt that the Officer Incharge had gone to Laukaha. Consequently, he proceeded to Laukaha. At Laukaha he met the Officer In• charge and he gave out his statement which was recorded by way of Fardbeyan (Ext. 1) at about 11.30 A. M. on 18.6.1976. On the basis of that Fardbeyan the formal first information report (Ext. 2) had been drawn up giving rise to this case.

5. It is necessary to mention that other persons named above namely Assessar Bind, Jamuna Singh, Prahlad Rai alias Ramjiwan Rai, Buni Lal Rai and Madho Lal Rai had also been put on trial and they had similarly been charged for the offence under section 302 read with section 149 of the Indian Penal Code and accused Bunilal Rai was further charged under section 323 of the Indian Penal Code for causing hurt to Bishwanath Singh (P.W. 2), but they had not been found guilty and they have been acquitted. However, the two appellants were convicted and sentenced as indicated above.

6. Learned counsel appearing on behalf of the appellants has mainly confined his argument on the appreciation of evidence and further it has been stated that the post morte