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